Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 336FA

Disclosure of certain personal identifiers to selected individuals

             (1)  For the purposes of paragraph 336E(2)(j), this section authorises the disclosure, by an officer, of identifying information that relates to a person (the subject ) if:

                     (a)  the information disclosed is a personal identifier within the meaning of paragraph (b), (c), (d) or (f) of the definition of personal identifier in subsection 5A(1); and

                     (b)  the disclosure is made to an individual; and

                     (c)  the disclosure is for the purpose of obtaining the individual's help to do one or more of the following in connection with the administration of this Act:

                              (i)  identify, authenticate the identity of, or locate, the subject;

                             (ii)  refer the officer to another person who might be able to help identify, authenticate the identity of, or locate, the subject; and

                     (d)  the officer has reasonable grounds to believe that the individual might be able to provide the help that is the purpose of the officer's disclosure; and

                     (e)  the officer is satisfied that it is reasonably necessary to make the disclosure to the individual in order to obtain that help; and

                      (f)  the information is only disclosed to the extent necessary in order to obtain that help.

Note:          The personal identifiers covered by this section are measurements of a person's height and weight, photographs or other images of a person's face and shoulders, audio or video recordings of a person (other than video recordings under section 261AJ) and signatures.

             (2)  Nothing in subsection (1) prevents an officer from disclosing the personal identifier to more than one individual at the same time, as long as the requirements of subsection (1) are met in relation to each one of those individuals.



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