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Unauthorised modification of identifying information

Offence title:

 

Unauthorised modification of identifying information

Act:

 

336G Migration Act 1958

Offence:

A person commits an offence if:

(a) the person causes any unauthorised modification of identifying information; and

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

(c) the person knows that the modification 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 changes the date of birth, knowing the change is incorrect.

 

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.

 

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