5.1.3.30 Offences & Penalties

Offences under FA law

It is an offence to breach any of the provisions relating to information contained in the FA(Admin)Act.

Act reference: FA(Admin)Act section 164 Offence: unauthorised use of protected information, section 166 Offence: offering to supply protected information

Policy reference: FA Guide 5.1.1.10 Power to Obtain Information

Penalty for breaches of FA law

A penalty applies for a breach of any of the terms that apply to the provisions relating to information contained in the Act. The following table outlines:

  • the offences, and
  • the punishment for breaches.
Offence Imprisonment period upon conviction
Failure to comply with the requirement to provide information. 12 months.
FA(Admin)Act section 159 Offence: failure to comply with requirement
Obtaining protected information when not permitted to do so.
Example: Misrepresenting their identity to Centrelink.
Up to 2 years.
section 163 Offence: unauthorised access to protected information
Unauthorised use of protected information. Up to 2 years.
section 164 Offence: unauthorised use of protected information
Trying to obtain information, known to be protected, from an officer (1.1.O.10) or person.
Explanation: It is an offence whether or not any protected information is actually given.
Up to 2 years.
section 165 Offence: soliciting disclosure of protected information
Offering to supply protected information.
Explanation: This does not apply to an authorised officer carrying out their duties.
2 years.
section 166 Offence: offering to supply protected information
Last reviewed: 20 September 2016