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MIGRATION ACT 1958 - SECT 261AKD

Providing video recordings

             (1)  A person commits an offence if:

                     (a)  the person's conduct causes a video recording to be provided to another person; and

                     (b)  the provision of the recording is not a permitted provision of the recording.

Penalty:  Imprisonment for 2 years, or 120 penalty units, or both.

             (2)  A permitted provision of a video recording is a provision of the recording that:

                     (a)  is for the purpose of administering or managing the storage of video recordings; or

                     (b)  is for the purpose of making the video recording in question available to the non-citizen to whom it relates; or

                     (c)  is for the purpose of a proceeding, before a court, the Tribunal or another tribunal, or the Immigration Assessment Authority, relating to the non-citizen to whom the video recording in question relates; or

                     (d)  is for any purpose connected with determining whether a civil or criminal liability has arisen from a person carrying out or helping to carry out an identification test under this Act; or

                     (e)  is for the purpose of an investigation by the Information Commissioner under the Privacy Act 1988 or the Ombudsman relating to carrying out an identification test; or

                      (f)  is made to a prescribed body or agency for the purpose of the body or agency inquiring into the operation of provisions of this Act relating to carrying out an identification test; or

                     (g)  takes place with the written consent of the non-citizen to whom the video recording in question relates.

             (3)  However, a provision of a video recording is not a permitted provision of the recording if:

                     (a)  it constitutes a disclosure of identifying information relating to a personal identifier of a prescribed type; and

                     (b)  it is for the purpose of:

                              (i)  investigating an offence against a law of the Commonwealth or a State or Territory (other than an offence involving whether an identification test was carried out lawfully); or

                             (ii)  prosecuting a person for such an offence.



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