Document ID: chunk:federal_register_of_legislation:C2024C00591:clause:1a_40
Version: federal_register_of_legislation:C2024C00591
Segment Type: clause
Provision Reference: sch 1A cl 40
Character Range: 439407–440034

40  Accessing video recordings
 (1) A person commits an offence if:
 (a) the person accesses a video recording; and
 (b) the person is not authorised under clause 41 to access the video recording for the purpose for which the person accessed it.
Penalty: Imprisonment for 2 years.
 (2) This clause does not apply if the access is through the provision of a video recording that is a permitted provision.
Note 1: A defendant bears an evidential burden in relation to the matter in subclause (2) (see subsection 13.3(3) of the Criminal Code).
Note 2: This clause corresponds closely to section 261AKB of the Migration Act 1958.