Authorising access to video recordings
41 Authorising access to video recordings
AFMA may, in writing, authorise a specified person, or any person included in a specified class of persons, to access:
all video recordings; or
a specified video recording, or video recordings of a specified kind.
AFMA must specify in an authorisation under this clause, as the purpose or purposes for which access is authorised, one or more of the following purposes:
providing a video recording to another person in accordance with this Subdivision;
administering or managing the storage of video recordings;
making a video recording available to the person to whom it relates;
modifying related documents in order to correct errors or ensure compliance with appropriate standards;
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 Act;
complying with laws of the Commonwealth or the States or Territories;
disclosing personal information under 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, AFMA must not specify as a purpose for which access is authorised a purpose that will include or involve 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;
if the identifying information in question relates to a personal identifier of a prescribed type.
This clause corresponds closely to section 261AKC of the Migration Act 1958.
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