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Sch 1A (Provisions relating to), s 45

Meanings of unauthorised modification and unauthorised impairment etc

In force
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

45 Meanings of unauthorised modification and unauthorised impairment etc

(1)

In this Subdivision:

(a)

modification of a video recording; or

(b)

impairment of the reliability of a video recording; or

(c)

impairment of the security of the storage of a video recording; or

(d)

impairment of the operation of a system by which a video recording is stored;

by a person is unauthorised if the person is not entitled to cause that modification or impairment.

(2)

Any such modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.

(3)

For the purposes of an offence under this Subdivision, a person causes any such unauthorised modification or impairment if the person’s conduct substantially contributes to it.

(4)

For the purposes of subclause (1), if:

(a)

a person causes any modification or impairment of a kind mentioned in that subclause; and

(b)

the person does so under a warrant issued under the law of the Commonwealth, a State or a Territory;

the person is entitled to cause that modification or impairment.

Note:

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

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