188.8.131.52 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 184.108.40.206 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.
section 166 Offence: offering to supply protected information