Document ID: chunk:federal_register_of_legislation:C2024C00644:clause:2_42
Version: federal_register_of_legislation:C2024C00644
Segment Type: clause
Provision Reference: sch 2 cl 42
Character Range: 354669–356808

42  Providing video recordings
 (1) A person commits an offence if:
 (a) the person's conduct causes a video recording to be provided to another person; and
 (b) the provision of the recording is not a permitted provision of the recording.
Penalty: Imprisonment for 2 years.
 (2) A permitted provision of a video recording is a provision of the recording that:
 (a) is for the purpose of administering or managing the storage of video recordings; or
 (b) is for the purpose of making the video recording in question available to the non‑citizen to whom it relates; or
 (c) is for the purpose of a proceeding, before a court or tribunal, relating to the non‑citizen to whom the video recording in question relates; or
 (d) is for 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; or
 (e) is for the purpose of an investigation by the Information Commissioner under the Privacy Act 1988 or the Ombudsman relating to carrying out an identification test; or
 (f) is made to a prescribed body or agency for the purpose of the body or agency inquiring into the operation of provisions of this Act relating to carrying out an identification test; or
 (g) takes place with the written consent of the non‑citizen to whom the video recording in question relates; or
 (h) is a disclosure authorised by 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, a provision of a video recording is not a permitted provision of the recording if:
 (a) it constitutes a disclosure of identifying information relating to a personal identifier of a prescribed type; and
 (b) it is for the purpose of:
 (i) 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
 (ii) prosecuting a person for such an offence.
Note: This clause corresponds closely to section 261AKD of the Migration Act 1958.