Sch 1A (Provisions relating to), s 40
In forceAccessing video recordings
Schedule 1AProvisions relating to detention of suspected illegal foreign fishers
Part 5Identifying detainees
Division 2Identification of detainees
Subdivision CObligations relating to video recordings of identification tests
40 Accessing video recordings
(1)
A person commits an offence if:
(a)
the person accesses a video recording; and
(b)
the person is not authorised under clause 41 to access the video recording for the purpose for which the person accessed it.
Penalty: Imprisonment for 2 years.
(2)
This clause does not apply if the access is through the provision of a video recording that is a permitted provision.
Note 1:
A defendant bears an evidential burden in relation to the matter in subclause (2) (see subsection 13.3(3) of the Criminal Code).
Note 2:
This clause corresponds closely to section 261AKB of the Migration Act 1958.
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