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- (h) identifying non-citizens who are prohibited immigrants, who are of national security concern or who are associated with activities of a criminal nature and whose detention or supervision may be necessary in the interests of public safety, peace and good order;
- (i) making decisions under this Act, or under the Passports Act 2007 or the regulations made under either Act;
- (j) any other purpose the disclosure of which is required or authorised by or under written law.
(3) For the purposes of subsection (1)(b), the specified person or specified class of persons to whom identifying information may be disclosed may include a police force, a law enforcement body or a border control body of a foreign country.
Accessing or disclosing identifying information
36C.—(1) If a person accesses identifying information, and the person—
- (a) is not authorised under section 36B to access any identifying information; or
- (b) is not authorised under section 36B to access the identifying information for the purpose for which the person accessed it,
the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.
(2) If the person's conduct causes disclosure of identifying information, and the disclosure is not a disclosure that is for any of the purposes specified in section 36B(2), the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.".
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