Unauthorised impairment of identifying information

Offence title:

Unauthorised impairment of identifying information

Act:

336H Migration Act 1958

Offence:

A person commits an offence if:

(a)   the person causes any unauthorised impairment:

                         i.         the reliability of identifying information; or

                       ii.         the security of the storage of identifying information; or

                      iii.         the operation of a system by which identifying information is stored; and

(b) the person intends to cause the impairment; and

(c) the person knows that the impairment is unauthorised.

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:

s.336J Meanings of unauthorised modification and unauthorised impairment etc:

(a)   Modification of identifying information; or

(b)   Impairment to the reliability of identifying information; or

(c)    Impairment to the security of the storage of identifying information; or

(d)   Impairment to the operation of a system by which identifying information is stored:

Is unauthorised if the person is not entitled to make the medication or impairment.