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MIGRATION ACT 1958 - SECT 488<br />

Tampering with movements <strong>records</strong><br />

SECT. (1) A person must not:<br />

(a) read; or<br />

(b) examine; or<br />

(c) reproduce by any means; or<br />

(d) use; or<br />

(e) disclose by any means;<br />

any part of the movement <strong>records</strong>, otherwise than in accordance with an authority<br />

given under subsection (2).<br />

Penalty: Imprisonment for 2 years.<br />

(2) The Minister may:<br />

(a) authorise an officer to perform for the purposes of one or more of the following:<br />

(i) this Act;<br />

(ii) the Family Law Act 1975 ;<br />

(iii) a law relating to customs or excise;<br />

(iv) a law relating to quarantine or health;<br />

(v) law enforcement;<br />

one or more of the actions prohibited by subsection (1); or<br />

(b) authorise an officer of the Attorney-General’s Department to perform for the<br />

purposes of the Family Law Act 1975 one or more of those actions; or<br />

(c) authorise an officer of Customs, within the meaning of the Customs Act 1901, to<br />

perform for the purposes of a law relating to customs or excise one or more of those<br />

actions; or<br />

(d) authorise a quarantine officer, within the meaning of the Quarantine Act 1908, to<br />

perform for the purposes of a law relating to quarantine or health one or more of those<br />

actions; or<br />

(e) authorise a member of the Australian Federal Police to perform for the purposes of<br />

law enforcement one or more of those actions.<br />

(3) Authority under subsection (2) to disclose any part of the movement <strong>records</strong> may<br />

be limited to authority to so disclose to a specified person, a person in a specified<br />

class, or a specified organisation, only.<br />

(4) A person (other than an authorised officer carrying out duties or performing<br />

functions under or for the purposes of this Act) shall not:<br />

(a) delete, alter or add to any part of the movement <strong>records</strong>;<br />

CASE STUDIES 14: FINDLAY<br />

25

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