Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_52
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 52
Character Range: 580640–582394

52  Authorising access to identifying information

 (1) The Secretary may, in writing, authorise a specified person, or any person included in a specified class of persons, to access identifying information of the kind specified in the authorisation.

 (2) The Secretary must specify in an authorisation under this clause, as the purpose or purposes for which access is authorised, one or more of the following purposes:
 (a) one or more of the purposes set out in subclause 26(3);
 (b) disclosing identifying information in accordance with this Division;
 (c) administering or managing the storage of identifying information;
 (d) making identifying information available to the person to whom it relates;
 (e) modifying identifying information to enable it to be matched with other identifying information;
 (f) modifying identifying information in order to correct errors or ensure compliance with appropriate standards;
 (g) making decisions under this Act;
 (h) complying with laws of the Commonwealth or the States or Territories;
 (i) disclosing personal information under clause 59 (about disclosure of information about a person who has been in detention, for the purposes of the immigration detention or removal of the person).

 (3) However, the Secretary must not specify as a purpose for which access is authorised a purpose that will include or involve the purpose of:
 (a) investigating an offence against a law of the Commonwealth or a State or Territory; or
 (b) prosecuting a person for such an offence;
if the identifying information in question relates to a personal identifier of a prescribed type.

Note: This clause corresponds closely to section 336D of the Migration Act 1958.

Subdivision C—Disclosing identifying information