Section 488 — Tampering with movements records

488 Tampering with movements records

(1) A person must not:

(a) read; or

(b) examine; or

(c) reproduce by any means; or

(d) use; or

(e) disclose by any means;

any part of the movement records, otherwise than in accordance with an authority given under subsection (2). Penalty: Imprisonment for 2 years.

(2) The Minister may:

(a) authorise an officer to perform for the purposes of one or more of the following:

(i) this Act;

(ii) the Family Law Act 1975;

(iii) a law relating to customs or excise;

(iv) a law relating to biosecurity risks (within the meaning of the Biosecurity Act 2015), quarantine or health;

(v) law enforcement;

(vi) the Education Services for Overseas Students Act 2000;

(vii) prescribed Commonwealth, State or Territory legislation; one or more of the actions prohibited by subsection (1); or

(aa) authorise an officer, for the purpose of making a movement record available to, and for the use of:

(i) the person to whom the record relates; or

(ii) the duly appointed agent of that person;

to perform one or more of those actions; or

(b) authorise an officer of the Attorney-General’s Department to perform for the purposes of the Family Law Act 1975 one or more of those actions; or

(c) authorise an officer of Customs, within the meaning of the Customs Act 1901, to perform for the purposes of a law relating to customs or excise one or more of those actions; or

(d) authorise a biosecurity officer (within the meaning of the Biosecurity Act 2015) to perform for the purposes of a law relating to biosecurity risks (within the meaning of that Act), or a law relating to quarantine or health, one or more of those actions; or

(e) authorise a member of the Australian Federal Police to perform for the purposes of law enforcement one or more of those actions; or

(f) authorise an employee of the Department whose Minister administers the Education Services for Overseas Students Act 2000 to perform for the purposes of that Act one or more of those actions; or

(g) authorise a prescribed employee of a prescribed agency of the Commonwealth, or of a State or Territory, to perform for prescribed purposes one or more of those actions.

(3) Authority under subsection (2) to disclose any part of the movement records may be limited to authority to so disclose to a

specified person, a person in a specified class, or a specified organisation, only.

(3A) Subsection (1) does not apply in relation to the performance of an action referred to in that subsection for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official. Note: An IGIS official does not bear an evidential burden in relation to a matter in this subsection (see section 34C of the Inspector-General of Intelligence and Security Act 1986).

(4) A person (other than an authorised officer carrying out duties or performing functions under or for the purposes of this Act) shall not:

(a) delete, alter or add to any part of the movement records;

(b) alter any computer program connected with making, transferring or keeping movement records; or

(c) in any other way tamper with a notified data base. Penalty: Imprisonment for 10 years.