Section 261AKD — Providing video recordings

261AKD Providing video recordings

(1) A person commits an offence if:

(a) the person’s conduct causes a video recording to be provided to another person; and

(b) the provision of the recording is not a permitted provision of the recording. Penalty: Imprisonment for 2 years, or 120 penalty units, or both.

(2) A permitted provision of a video recording is a provision of the recording that:

(a) is for the purpose of administering or managing the storage of video recordings; or

(b) is for the purpose of making the video recording in question available to the non-citizen to whom it relates; or

(c) is for the purpose of a proceeding, before a court, the ART or another tribunal, relating to the non-citizen to whom the video recording in question relates; or

(d) is for 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; or

(e) is for the purpose of an investigation by the Information Commissioner under the Privacy Act 1988 or the Ombudsman relating to carrying out an identification test; or

(f) is made to a prescribed body or agency for the purpose of the body or agency inquiring into the operation of provisions of this Act relating to carrying out an identification test; or

(g) takes place with the written consent of the non-citizen to whom the video recording in question relates.

(3) However, a provision of a video recording is not a permitted provision of the recording if:

(a) it constitutes a disclosure of identifying information relating to a personal identifier of a prescribed type; and

(b) it is for the purpose of:

(i) 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

(ii) prosecuting a person for such an offence.