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MIGRATION ACT 1958 - SECT 336E

Disclosing identifying information

  (1)   A person commits an offence if:

  (a)   the person's conduct causes disclosure of identifying information; and

  (b)   the disclosure is not a permitted disclosure.

Penalty:   Imprisonment for 2 years, or 120 penalty units, or both.

  (1A)   This section does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (1A) (see subsection   13.3(3) of the Criminal Code ).

  (2)   A permitted disclosure is a disclosure that:

  (a)   is for the purpose of data - matching in order to:

  (i)   identify, or authenticate the identity of, a person; or

  (ii)   facilitate the processing of persons entering or departing from Australia; or

  (iii)   identify non - citizens who have a criminal history or who are of character concern; or

  (iiia)   identify persons who may be a security concern to Australia or a foreign country; or

  (iv)   combat document and identity fraud in immigration matters; or

  (v)   ascertain whether an applicant for a protection visa had sufficient opportunity to avail himself or herself of protection before arriving in Australia; or

  (vi)   inform the governments of foreign countries of the identity of non - citizens who are, or are to be, removed, taken or deported from Australia; or

  (b)   is for the purpose of administering or managing the storage of identifying information; or

  (ba)   is for the purpose of:

  (i)   this Act or an instrument made under this Act; or

  (ii)   the Australian Citizenship Act 2007 or an instrument made under that Act; or

  (iii)   the Customs Act 1901 or an instrument made under that Act; or

  (iv)   any other law of the Commonwealth prescribed by the regulations; or

  (c)   is authorised under section   336F and is for the purpose, or one or more of the purposes, for which the disclosure is authorised; or

  (d)   is for the purpose of making the identifying information in question available to the person to whom it relates; or

  (da)   is to an agency of the Commonwealth or of a State or Territory in order to verify that a person is an Australian citizen or holds a visa of a particular class; or

  (e)   takes place under an arrangement entered into with an agency of the Commonwealth, or with a State or Territory or an agency of a State or Territory, for the exchange of identifying information; or

  (ea)   is reasonably necessary for the enforcement of the criminal law of the Commonwealth or of a State or Territory; or

  (eb)   is required by or under a law of the Commonwealth or of a State or Territory; or

  (ec)   is for the purpose of identifying non - citizens who have a criminal history or who are of character concern; or

  (ed)   is for the purpose of identifying persons who may be a security concern to Australia or a foreign country; or

  (f)   is for the purpose of a proceeding, before a court, the Tribunal or another tribunal, or the Immigration Assessment Authority, relating to the person to whom the identifying information in question relates; or

  (g)   is for the purpose of an investigation by the Information Commissioner or the Ombudsman relating to action taken by the Department; or

  (ga)   is for the purpose of facilitating or expediting the exercise of powers, or performance of functions, of the Migration Agents Registration Authority; or

  (gb)   is for the purposes of the extradition of persons to or from Australia, including the making of, or the consideration of whether to make, a request for extradition; or

  (gc)   is for the purposes of:

  (i)   the provision, or proposed provision, of international assistance in criminal matters by the Attorney - General, or an officer of his or her Department, to a foreign country; or

  (ii)   the obtaining, or proposed obtaining, of international assistance in criminal matters by the Attorney - General, or an officer of his or her Department, from a foreign country; or

  (h)   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:

  (i)   carrying out an identification test; or

  (ii)   requiring the provision of a personal identifier; or

  (ha)   is a disclosure of an audio or a video recording for the purposes of:

  (i)   this Act or the regulations or the Australian Citizenship Act 2007 or the regulations made under that Act; and

  (ii)   transcribing or translating the recording, or conducting language analysis or accent analysis of the recording; or

  (i)   takes place with the written consent of the person to whom the identifying information in question relates; or

  (j)   is authorised by section   336FA; or

  (k)   is authorised by section   336FC.

  (3)   However, a disclosure is not a permitted disclosure if:

  (a)   it is 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; or

  (ii)   prosecuting a person for such an offence.



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