# Disclosure of certain personal identifiers to the general public

> act-s336FC — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

336FC Disclosure of certain personal identifiers to the general
         public
          (1) For the purposes of paragraph 336E(2)(k), this section authorises
              the disclosure of identifying information that relates to a person
              (the subject) who is not a minor, if:
                (a) the information disclosed is a personal identifier within the
                    meaning of paragraph (b), (c), (d) or (f) of the definition of
                    personal identifier in subsection 5A(1); and
                (b) the disclosure is for the purpose of obtaining the public’s
                    help to identify, authenticate the identity of, or locate, the
                    subject, in connection with the administration of this Act; and
                (c) the Secretary or Australian Border Force Commissioner has
                    authorised, in writing, disclosure of the personal identifier.
               Note:      The personal identifiers covered by this section are measurements of a
                          person’s height and weight, photographs or other images of a person’s








                         face, audio or video recordings of a person (other than video
                         recordings under section 261AJ) and signatures.

          (2) The Secretary or Australian Border Force Commissioner must not
              authorise disclosure of the personal identifier unless:
                (a) the Secretary or Australian Border Force Commissioner is
                    satisfied that other reasonable steps have been taken to
                    identify, authenticate the identity of, or locate, the subject;
                    and
               (b) either:
                      (i) the Secretary or Australian Border Force Commissioner
                          is satisfied that the subject has been informed of the
                          proposed disclosure (including the personal identifier
                          that is to be disclosed and the manner in which the
                          disclosure is to be made) and the Secretary or Australian
                          Border Force Commissioner has either considered the
                          subject’s views in relation to the proposed disclosure or
                          been satisfied that the subject has no views in relation to
                          it; or
                     (ii) the Secretary or Australian Border Force Commissioner
                          is satisfied that the subject cannot be found; and
                (c) the Secretary or Australian Border Force Commissioner has
                    considered the sensitivity of the personal identifier that is to
                    be disclosed; and
               (d) the Secretary or Australian Border Force Commissioner is
                    satisfied that it is reasonably necessary to authorise
                    disclosure in order to identify, authenticate the identity of, or
                    locate, the subject; and
                (e) if personal information that is not identifying information is
                    to be disclosed together with the personal identifier—the
                    Secretary or Australian Border Force Commissioner is
                    satisfied that it is reasonably necessary to disclose the
                    personal information together with the personal identifier in
                    order to identify, authenticate the identity of, or locate, the
                    subject.
          (3) For the purposes of subparagraph (2)(b)(i), if the subject does not
              express a view in relation to the proposed disclosure within a








               reasonable time of being informed of it, the Secretary or Australian
               Border Force Commissioner is entitled to be satisfied that the
               subject has no views in relation to it.
          (4) If the Secretary or Australian Border Force Commissioner
              authorises disclosure of a personal identifier under
              paragraph (1)(c), the authority covers all disclosures of the
              identifier made for the purpose mentioned in paragraph (1)(b).
          (5) An authority under paragraph (1)(c) is not a legislative instrument.
