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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.