Skip to main content

Announcement: JSA Law is now part of Armstrong Legal a national specialist criminal law team. Andrew and his team will continue to  provide the same exceptional client service as part of a leading firm.

Need Help?

Destroying identifying information

Offence title:

 

Destroying identifying information

Act:

 

336K Migration Act 1958

Offence:

A person commits an offence if:

(a) the person is the responsible person for identifying information; and

(b) the identifying information is not of a kind that may, under section 336L, be indefinitely retained; and

(c) the person fails to destroy the identifying information as soon as practicable after the person is no longer required under the Archives Act 1983 to keep the identifying information

 

Penalty:

 

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

 

Summary/Indictable/mixed:

 

Mixed

 

Jurisdiction:

 

Local Court

How committed:

 

An officer accesses the data of a visa applicant and deletes the date of birth, knowing the change will impair the accuracy of the data.

 

Important note:

Defence:

(a)   The information is measurement of a person’s height and weight; or

(b)   A photograph or other image of the person’s face and shoulders; or

(c)    A person’s signature; or

(d)   Information derived from (a), (b) or (c).

 

“Responsible person” – if the information is on a database, the person with day-to-day control of the database; or the person has day-to-day responsibility for the system where the information is stored.

 

“Destroyed” – physically destroyed, or any means to identify the information has been destroyed.

Need More Info? Or an obligation free consultation*?

by entering your details, you agree that JSA NSW may use the information provided to contact you by email, telephone or SMS. See our privacy policy for more details. *Conditions Apply