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Sch 1A (Provisions relating to), s 52

Authorising access to identifying information

In force
Schedule 1AProvisions relating to detention of suspected illegal foreign fishers
Part 5Identifying detainees
Division 4Obligations relating to detainees’ identifying information
Subdivision BAccessing identifying information

52 Authorising access to identifying information

(1)

AFMA may, in writing, authorise a specified person, or any person included in a specified class of persons, to access identifying information of the kind specified in the authorisation.

(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)

one or more of the purposes set out in subclause 26(3);

(b)

disclosing identifying information in accordance with this Division;

(c)

administering or managing the storage of identifying information;

(d)

making identifying information available to the person to whom it relates;

(e)

modifying identifying information to enable it to be matched with other identifying information;

(f)

modifying identifying information in order to correct errors or ensure compliance with appropriate standards;

(g)

the purposes of this Act;

(h)

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

(i)

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; 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 336D of the Migration Act 1958.

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