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MIGRATION ACT 1958 - SECT 336K

Destroying identifying information

             (1)  A person commits an offence if:

                     (a)  the person is the responsible person for identifying information; and

                     (b)  the identifying information is not of a kind that may, under section 336L, be indefinitely retained; and

                     (c)  the person fails to destroy the identifying information as soon as practicable after the person is no longer required under the Archives Act 1983 to keep the identifying information.

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

Note:          See section 24 of the Archives Act 1983 (particularly paragraphs 24(2)(b) and (c)) on the obligation to keep the identifying information.

             (2)  This section does not apply if the identifying information is:

                     (a)  a personal identifier that is any of the following:

                              (i)  a measurement of a person's height and weight;

                             (ii)  a photograph or other image of a person's face and shoulders;

                            (iii)  a person's signature; or

                     (b)  identifying information derived from or relating to such a personal identifier.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

             (3)  For the purposes of this section, the responsible person for identifying information is:

                     (a)  if the identifying information is stored on a database--the person who has day-to-day control of the database; or

                     (b)  otherwise--the person who has day-to-day responsibility for the system under which the identifying information is stored.

             (4)  Identifying information is destroyed if:

                     (a)  in the case of identifying information that is a personal identifier--it is physically destroyed; and

                     (b)  in any other case--any means of identifying it with the person to whom it relates is destroyed.



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