# Providing video recordings

> act-s261AKD — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.