Document ID: chunk:federal_register_of_legislation:C2024C00644:clause:2_53:p1
Version: federal_register_of_legislation:C2024C00644
Segment Type: clause
Provision Reference: sch 2 cl 53 (pt 1/2)
Character Range: 365333–367989

53  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.
 (1A) This clause does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.
Note: A defendant bears an evidential burden in relation to the matter in subclause (1A) (see subsection 13.3(3) of the Criminal Code).
 (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 person; or
 (ii) facilitate the processing of persons entering or departing from Australia; or
 (iii) identify non‑citizens who have a criminal history, who are of character concern (as defined in the Migration Act 1958) 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 from Australia; or
 (b) is for the purpose of administering or managing the storage of identifying information; or
 (c) is authorised under clause 54 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 person to whom it relates; or
 (da) is to an agency of the Commonwealth or of a State or Territory in order to verify that a person is an Australian citizen or holds a visa of a particular class; 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
 (ea) is reasonably necessary for the enforcement of the criminal law of the Commonwealth or of a State or Territory; or
 (eb) is required by or under a law of the Commonwealth or of a State or Territory; or
 (f) is for the purpose of a proceeding, before a court or tribunal, relating to the person to whom the identifying information in question relates; or
 (g) is for the purpose of an investigation by the Information Commissioner or the Ombudsman relating to action taken by the Department; or
 (h) is made to a prescribed body or agency for the purpose