Document ID: chunk:federal_register_of_legislation:C2004A01237:clause:1_261akd
Version: federal_register_of_legislation:C2004A01237
Segment Type: clause
Provision Reference: sch 1 cl 261AKD
Character Range: 54467–56336

261AKD  Providing video recordings

 (1) A person commits an offence if:
 (a) the person's conduct causes a video recording to be provided to another person; and
 (b) the provision of the recording is not a permitted provision of the recording.

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

 (2) A permitted provision of a video recording is a provision of the recording that:
 (a) is for the purpose of administering or managing the storage of video recordings; or
 (b) is for the purpose of making the video recording in question available to the non‑citizen to whom it relates; or
 (c) is for the purpose of a proceeding, before a court or tribunal, relating to the non‑citizen to whom the video recording in question relates; or
 (d) is for any purpose connected with determining whether a civil or criminal liability has arisen from a person carrying out or helping to carry out an identification test under this Act; or
 (e) is for the purpose of an investigation by the Privacy Commissioner or the Ombudsman relating to carrying out an identification test; or
 (f) is made to a prescribed body or agency for the purpose of the body or agency inquiring into the operation of provisions of this Act relating to carrying out an identification test; or
 (g) takes place with the written consent of the non‑citizen to whom the video recording in question relates.

 (3) However, a provision of a video recording is not a permitted provision of the recording if:
 (a) it constitutes a disclosure of identifying information relating to a personal identifier of a prescribed type; and
 (b) it is for the purpose of:
 (i) investigating an offence against a law of the Commonwealth or a State or Territory (other than an offence involving whether an identification test was carried out lawfully); or
 (ii) prosecuting a person for such an offence.