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Privacy Act 1988
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C2013C00125
10 February 2013
-
11 April 2013
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Part I—Preliminary
1 Short title
2 Commencement
3 Saving of certain State and Territory laws
3A Application of the Criminal Code
4 Act to bind the Crown
5 Interpretation of Information Privacy Principles
5A Extension to external Territories
5B Extra territorial operation of Act
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Part II—Interpretation
6 Interpretation
6A Breach of a National Privacy Principle
6B Breach of an approved privacy code
6C Organisations
6D Small business and small business operators
6DA What is the annual turnover of a business?
6E Small business operator treated as organisation
6EA Small business operators choosing to be treated as organisations
6F State instrumentalities etc. treated as organisations
7 Acts and practices of agencies, organisations etc.
7A Acts of certain agencies treated as acts of organisation
7B Exempt acts and exempt practices of organisations
7C Political acts and practices are exempt
8 Acts and practices of, and disclosure of information to, staff of agency, organisation etc.
9 Collectors
10 Record keepers
11 File number recipients
11A Credit reporting agencies
11B Credit providers
12 Application of Information Privacy Principles to agency in possession
12A Act not to apply in relation to State banking or insurance within that State
12B Severability: additional effect of Act in relation to organisations
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Part III—Information privacy
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Division 1—Interferences with privacy
13 Interferences with privacy
13A Interferences with privacy by organisations
13B Related bodies corporate
13C Change in partnership because of change in partners
13D Overseas act required by foreign law
13E Effect on section 13 of sections 13B, 13C and 13D
13F Act or practice not covered by section 13 or section 13A is not an interference with privacy
Division 2—Information Privacy Principles
14 Information Privacy Principles
15 Application of Information Privacy Principles
15B Special provision relating to the application of the Information Privacy Principles in relation to Norfolk Island
16 Agencies to comply with Information Privacy Principles
Division 3—Approved privacy codes and the National Privacy Principles
16A Organisations to comply with approved privacy codes or National Privacy Principles
16B Personal information in records
16C Application of National Privacy Principles
16D Delayed application of National Privacy Principles to small business
16E Personal, family or household affairs
16F Information under Commonwealth contract not to be used for direct marketing
Division 4—Tax file number information
17 Guidelines relating to tax file number information
18 File number recipients to comply with guidelines
Division 5—Credit information
18A Code of Conduct relating to credit information files and credit reports
18B Credit reporting agencies and credit providers to comply with Code of Conduct
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Part IIIAA—Privacy codes
18BA Application for approval of privacy code
18BAA Privacy codes may cover exempt acts or practices
18BB Commissioner may approve privacy code
18BC When approval takes effect
18BD Varying an approved privacy code
18BE Revoking the approval of an approved privacy code
18BF Guidelines about privacy codes
18BG Register of approved privacy codes
18BH Review of operation of approved privacy code
18BI Review of adjudicator’s decision under approved privacy code
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Part IIIA—Credit reporting
18C Certain credit reporting only to be undertaken by corporations
18D Personal information not to be given to certain persons carrying on credit reporting
18E Permitted contents of credit information files
18F Deletion of information from credit information files
18G Accuracy and security of credit information files and credit reports
18H Access to credit information files and credit reports
18J Alteration of credit information files and credit reports
18K Limits on disclosure of personal information by credit reporting agencies
18L Limits on use by credit providers of personal information contained in credit reports etc.
18M Information to be given if an individual’s application for credit is refused
18N Limits on disclosure by credit providers of personal information contained in reports relating to credit worthiness etc.
18NA Disclosure by credit providers to certain persons who gave indemnities
18P Limits on use or disclosure by mortgage insurers or trade insurers of personal information contained in credit reports
18Q Limits on use by certain persons of personal information obtained from credit providers
18R False or misleading credit reports
18S Unauthorised access to credit information files or credit reports
18T Obtaining access to credit information files or credit reports by false pretences
18U Application of section 4B of Crimes Act
18V Application of this Part
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Part IV—Functions of the Information Commissioner
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Division 2—Functions of Commissioner
27 Functions of Commissioner in relation to interferences with privacy
27A Functions of Commissioner in relation to healthcare identifiers
28 Functions of Commissioner in relation to tax file numbers
28A Functions of Commissioner in relation to credit reporting
28B Functions of Commissioner in relation to personal property securities
29 Commissioner to have regard to certain matters
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Division 3—Reports by Commissioner
30 Reports following investigation of act or practice
31 Report following examination of proposed enactment
32 Report following monitoring of certain activities
33 Exclusion of certain matters from reports
33B Copies of certain reports to be given to the Norfolk Island Justice Minister
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Division 4—Miscellaneous
34 Provisions relating to documents exempt under the Freedom of Information Act 1982
35 Direction where refusal or failure to amend exempt document
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Part V—Investigations
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Division 1—Investigation of complaints and investigations on the Commissioner’s initiative
36 Complaints
37 Principal executive of agency
38 Conditions for making a representative complaint
38A Commissioner may determine that a complaint is not to continue as a representative complaint
38B Additional rules applying to the determination of representative complaints
38C Amendment of representative complaints
39 Class member for representative complaint not entitled to lodge individual complaint
40 Investigations
40A Referring complaint about act under Commonwealth contract
41 Circumstances in which Commissioner may decide not to investigate or may defer investigation
42 Preliminary inquiries
43 Conduct of investigations
44 Power to obtain information and documents
45 Power to examine witnesses
46 Directions to persons to attend compulsory conference
47 Conduct of compulsory conference
48 Complainant and certain other persons to be informed of various matters
49 Investigation under section 40 to cease if certain offences may have been committed
49A Investigation under section 40 to cease if civil penalty provision under Personal Property Securities Act 2009 may have been contravened
50 Reference of matters to other authorities
50A Substitution of respondent to complaint
51 Effect of investigation by Auditor General
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Division 2—Determinations following investigation of complaints
52 Determination of the Commissioner
53 Determination must identify the class members who are to be affected by the determination
53A Notice to be given to outsourcing agency
53B Substituting respondent to determination
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Division 3—Enforcement
54 Application of Division
55 Obligations of respondent organisation
55A Proceedings in the Federal Court or Federal Magistrates Court to enforce a determination
55B Evidentiary certificate
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Division 4—Review and enforcement of determinations involving Commonwealth agencies
57 Application of Division
58 Obligations of respondent agency
59 Obligations of principal executive of agency
60 Compensation and expenses
61 Review of determinations regarding compensation and expenses
62 Enforcement of determination against an agency
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Division 5—Miscellaneous
63 Legal assistance
64 Commissioner etc. not to be sued
65 Failure to attend etc. before Commissioner
66 Failure to give information etc.
67 Protection from civil actions
68 Power to enter premises
68A Identity cards
69 Restrictions on Commissioner obtaining personal information and documents
70 Certain documents and information not required to be disclosed
70A Application of Part to organisations that are not legal persons
70B Application of this Part to former organisations
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Part VI—Public interest determinations and temporary public interest determinations
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Division 1—Public interest determinations
71 Interpretation
72 Power to make, and effect of, determinations
73 Application by agency or organisation
74 Publication of application
75 Draft determination
76 Conference
77 Conduct of conference
78 Determination of application
79 Making of determination
80 Determinations disallowable
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Division 2—Temporary public interest determinations
80A Temporary public interest determinations
80B Effect of temporary public interest determination
80C Determinations disallowable
80D Commissioner may continue to consider application
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Division 3—Register of determinations
80E Register of determinations
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Part VIA—Dealing with personal information in emergencies and disasters
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Division 1—Object and interpretation
80F Object
80G Interpretation
80H Meaning of permitted purpose
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Division 2—Declaration of emergency
80J Declaration of emergency—events of national significance
80K Declaration of emergency—events outside Australia
80L Form of declarations
80M When declarations take effect
80N When declarations cease to have effect
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Division 3—Provisions dealing with the use and disclosure of personal information
80P Authorisation of collection, use and disclosure of personal information
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Division 4—Other matters
80Q Disclosure of information—offence
80R Operation of Part
80S Severability—additional effect of Part
80T Compensation for acquisition of property—constitutional safety net
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Part VII—Privacy Advisory Committee
81 Interpretation
82 Establishment and membership
83 Functions
84 Leave of absence
85 Removal and resignation of members
86 Disclosure of interests of members
87 Meetings of Advisory Committee
88 Travel allowance
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Part VIII—Obligations of confidence
89 Obligations of confidence to which Part applies
90 Application of Part
91 Effect of Part on other laws
92 Extension of certain obligations of confidence
93 Relief for breach etc. of certain obligations of confidence
94 Jurisdiction of courts
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Part IX—Miscellaneous
95 Medical research guidelines
95A Guidelines for National Privacy Principles about health information
95AA Guidelines for National Privacy Principles about genetic information
95B Requirements for Commonwealth contracts
95C Disclosure of certain provisions of Commonwealth contracts
98 Injunctions
99A Conduct of directors, employees and agents
100 Regulations
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Part X—Amendments of other Acts
101 Amendments of other Acts
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Schedule 1—Amendments of other Acts
Freedom of Information Act 1982
Human Rights and Equal Opportunity Commission Act 1986
Merit Protection (Australian Government Employees) Act 1984
Ombudsman Act 1976
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Schedule 3—National Privacy Principles
1 Collection
2 Use and disclosure
3 Data quality
4 Data security
5 Openness
6 Access and correction
7 Identifiers
8 Anonymity
9 Transborder data flows
10 Sensitive information
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Endnotes
Endnote 1—Legislation history
Endnote 2—Amendment history
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Endnote 3—Application, saving and transitional provisions
Hearing Services and AGHS Reform Act 1997 (No. 82, 1997)
Privacy Amendment (Office of the Privacy Commissioner) Act 2000 (No. 2, 2000)
Australian Federal Police Legislation Amendment Act 2000 (No. 9, 2000)
Privacy Amendment (Private Sector) Act 2000 (No. 155, 2000)
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 (No. 159, 2001)
Privacy Amendment Act 2004 (No. 49, 2004)
Postal Industry Ombudsman Act 2006 (No. 25, 2006)
Territories Law Reform Act 2010 (No. 139, 2010)
Acts Interpretation Amendment Act 2011 (No. 46, 2011)
Telecommunications Interception and Other Legislation Amendment (State Bodies) Act 2012 (No. 74, 2012)
Endnote 4—Uncommenced amendments
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Endnote 5—Misdescribed amendments
Healthcare Identifiers (Consequential Amendments) Act 2010 (No. 73, 2010)
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Endnote 6—Modifications
Banking (State Bank of South Australia and Other Matters) Act 1994 (No. 69, 1994)
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