Document ID: chunk:federal_register_of_legislation:C2005A00103:clause:1a_51
Version: federal_register_of_legislation:C2005A00103
Segment Type: clause
Provision Reference: sch 1A cl 51
Character Range: 73828–74459

51  Accessing identifying information

 (1) A person commits an offence if:
 (a) the person accesses identifying information; and
 (b) the person is not authorised under clause 52 to access the identifying information 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 a disclosure that is a permitted disclosure.

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 336C of the Migration Act 1958.