Document ID: chunk:federal_register_of_legislation:C2004A01237:clause:1_336e
Version: federal_register_of_legislation:C2004A01237
Segment Type: clause
Provision Reference: sch 1 cl 336E
Character Range: 65825–68503

336E  Disclosing identifying information

 (1) A person commits an offence if:
 (a) the person's conduct causes disclosure of identifying information; and
 (b) the disclosure is not a permitted disclosure.

Penalty: Imprisonment for 2 years, or 120 penalty units, or both.

 (2) A permitted disclosure is a disclosure that:
 (a) is for the purpose of data‑matching in order to:
 (i) identify, or authenticate the identity of, a non‑citizen; or
 (ii) facilitate the processing of non‑citizens entering or departing from Australia; or
 (iii) identify non‑citizens who have a criminal history, who are of character concern or who are of national security concern; or
 (iv) combat document and identity fraud in immigration matters; or
 (v) ascertain whether an applicant for a protection visa had sufficient opportunity to avail himself or herself of protection before arriving in Australia; or
 (vi) inform the governments of foreign countries of the identity of non‑citizens who are, or are to be, removed or deported from Australia; or
 (b) is for the purpose of administering or managing the storage of identifying information; or
 (c) is authorised under section 336F and is for the purpose, or one or more of the purposes, for which the disclosure is authorised; or
 (d) is for the purpose of making the identifying information in question available to the non‑citizen to whom it relates; or
 (e) takes place under an arrangement entered into with an agency of the Commonwealth, or with a State or Territory or an agency of a State or Territory, for the exchange of identifying information; or
 (f) is for the purpose of a proceeding, before a court or tribunal, relating to the non‑citizen to whom the identifying information in question relates; or
 (g) is for the purpose of an investigation by the Privacy Commissioner or the Ombudsman relating to:
 (i) carrying out an identification test; or
 (ii) requiring the provision of a personal identifier; or
 (h) 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:
 (i) carrying out an identification test; or
 (ii) requiring the provision of a personal identifier; or
 (i) takes place with the written consent of the non‑citizen to whom the identifying information in question relates.

 (3) However, a disclosure is not a permitted disclosure if:
 (a) it is 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; or
 (ii) prosecuting a person for such an offence.