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.

FA(Admin)Act section 163 Offence: unauthorised access to protected information

Unauthorised use of protected information.

Up to 2 years.

FA(Admin)Act 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.

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

Last reviewed: 11 May 2020