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Accessing identifying information (personal information)

Offence title:

 

Accessing identifying information (personal information)

Act:

 

336C Migration Act 1958

Offence:

A person commits an offence if:

(a)   the person accesses identifying information; and

(b)   the person is not authorised under section 336D (permitted access) to access the identifying information for the purpose for which the person accessed it.

 

Penalty:

 

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

 

Summary/Indictable/mixed:

 

Mixed

 

Jurisdiction:

 

Local Court

How committed:

 

An officer, with no connection to a matter, accesses the data of another.

 

Important note:

Defence: If reasonable grounds exist, access is necessary to prevent or lessen a serious of imminent threat to life or health of the person or another: s. 336C(1A)

 

s.336D Authorising access to identifying information.

 

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