Accessing identifying information
51 Accessing identifying information
A person commits an offence if:
the person accesses identifying information; and
the person is not authorised under clause 52 to access the identifying information for the purpose for which the person accessed it.
Penalty: Imprisonment for 2 years.
This clause does not apply if the person believes on reasonable grounds that the access is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.
A defendant bears an evidential burden in relation to the matter in subclause (1A) (see subsection 13.3(3) of the Criminal Code).
This clause does not apply if the access is through a disclosure that is a permitted disclosure.
A defendant bears an evidential burden in relation to the matter in subclause (2) (see subsection 13.3(3) of the Criminal Code).
This clause corresponds closely to section 336C of the Migration Act 1958.
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