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(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.