Document ID: chunk:federal_register_of_legislation:C2005A00103:clause:2_40
Version: federal_register_of_legislation:C2005A00103
Segment Type: clause
Provision Reference: sch 2 cl 40
Character Range: 142281–142914

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.