Document ID: chunk:federal_register_of_legislation:C2024C00591:clause:1a_41
Version: federal_register_of_legislation:C2024C00591
Segment Type: clause
Provision Reference: sch 1A cl 41
Character Range: 440034–441806

41  Authorising access to video recordings
 (1) AFMA may, in writing, authorise a specified person, or any person included in a specified class of persons, to access:
 (a) all video recordings; or
 (b) a specified video recording, or video recordings of a specified kind.
 (2) AFMA 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) providing a video recording to another person in accordance with this Subdivision;
 (b) administering or managing the storage of video recordings;
 (c) making a video recording available to the person to whom it relates;
 (d) modifying related documents in order to correct errors or ensure compliance with appropriate standards;
 (e) 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;
 (f) complying with laws of the Commonwealth or the States or Territories;
 (g) 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, AFMA 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 (other than an offence involving whether an identification test was carried out lawfully); 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 261AKC of the Migration Act 1958.