Environment Protection and Biodiversity Conservation Act 1999

A person commits an offence if:

the person’s conduct causes a video recording to be provided to another person; and

the provision of the recording is not a permitted provision of the recording.

A permitted provision of a video recording is a provision of the recording that:

is for the purpose of administering or managing the storage of video recordings; or

is for the purpose of making the video recording in question available to the non‑citizen to whom it relates; or

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

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 Schedule; or

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

is made to a prescribed body or agency for the purpose of the body or agency inquiring into the operation of provisions of this Schedule relating to carrying out an identification test; or

takes place with the written consent of the non‑citizen to whom the video recording in question relates; or

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).

However, a provision of a video recording is not a permitted provision of the recording if:

it constitutes a disclosure of identifying information relating to a personal identifier of a prescribed type; and

it is for the purpose of:

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

prosecuting a person for such an offence.

This clause corresponds closely to section 261AKD of the Migration Act 1958.