Section 42 — Environment Protection and Biodiversity Conservation Act 1999: 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. (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 or 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 Schedule; 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 Schedule 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; or (h) is a disclosure authorised by clause 59 (about disclosure of information about a person who has been in detention, for the purposes of the immigration detention or removal of the person). (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. Note: This clause corresponds closely to section 261AKD of the Migration Act 1958.