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Sch 1A (Provisions relating to), s 41

Authorising access to video recordings

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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

41 Authorising access to video recordings

(1)

AFMA may, in writing, authorise a specified person, or any person included in a specified class of persons, to access:

(a)

all video recordings; or

(b)

a specified video recording, or video recordings of a specified kind.

(2)

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:

(a)

providing a video recording to another person in accordance with this Subdivision;

(b)

administering or managing the storage of video recordings;

(c)

making a video recording available to the person to whom it relates;

(d)

modifying related documents in order to correct errors or ensure compliance with appropriate standards;

(e)

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;

(f)

complying with laws of the Commonwealth or the States or Territories;

(g)

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).

(3)

However, AFMA must not specify as a purpose for which access is authorised a purpose that will include or involve the purpose of:

(a)

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

(b)

prosecuting a person for such an offence;

if the identifying information in question relates to a personal identifier of a prescribed type.

Note:

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

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