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 making a record of …, 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. FA(Admin)Act section 163 Offence- unauthorised obtaining of protected information |
| Unauthorised use of protected information. |
Up to 2 years. FA(Admin)Act section 164 Offence- unauthorised making a record of, disclosure of or 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. FA(Admin)Act 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. FA(Admin)Act section 166 Offence: offering to supply protected information |