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A Bill for an Act to amend the law relating to freedom of information and privacy, and for other purposes
Administered by: Attorney-General's
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 02 Oct 2014
Introduced HR 02 Oct 2014
Table of contents.

2013‑2014

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Freedom of Information Amendment (New Arrangements) Bill 2014

 

No.      , 2014

 

(Attorney‑General)

 

 

 

A Bill for an Act to amend the law relating to freedom of information and privacy, and for other purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments relating to freedom of information                 3

Freedom of Information Act 1982                                                                            3

Inspector‑General of Intelligence and Security Act 1986                                 11

Ombudsman Act 1976                                                                                               11

Schedule 2—Australian Privacy Commissioner                                                12

Australian Human Rights Commission Act 1986                                                12

Privacy Act 1988                                                                                                       13

Schedule 3—Abolishing the Office of Australian Information Commissioner    21

Part 1—Repeals                                                                                                              21

Australian Information Commissioner Act 2010                                                 21

Part 2—Consequential amendments                                                                    22

Administrative Appeals Tribunal Act 1975                                                          22

Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006           22

Australian Citizenship Act 2007                                                                            22

Australian Human Rights Commission Act 1986                                                22

Child Care Act 1972                                                                                                 22

Crimes Act 1914                                                                                                         23

Data‑matching Program (Assistance and Tax) Act 1990                                   25

Environment Protection and Biodiversity Conservation Act 1999                 26

Fair Work Act 2009                                                                                                   26

Fisheries Management Act 1991                                                                            26

Healthcare Identifiers Act 2010                                                                             26

Migration Act 1958                                                                                                   27

National Health Act 1953                                                                                        27

National Health and Medical Research Council Act 1992                              28

National Health Reform Act 2011                                                                          28

Ombudsman Act 1976                                                                                               28

Personally Controlled Electronic Health Records Act 2012                            29

Student Identifiers Act 2014                                                                                    31

Telecommunications Act 1997                                                                                32

Telecommunications (Interception and Access) Act 1979                                 34

Torres Strait Fisheries Act 1984                                                                             34

Schedule 4—Application, saving and transitional provisions                   35

Part 1—Definitions                                                                                                      35

Part 2—Transition to the new review and complaints arrangements  37

Part 3—Transition to the Australian Privacy Commissioner                   40

Part 4—Other matters                                                                                                 48

 


A Bill for an Act to amend the law relating to freedom of information and privacy, and for other purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Freedom of Information Amendment (New Arrangements) Act 2014.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedules 1 to 4

1 January 2015.

1 January 2015

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments relating to freedom of information

  

Freedom of Information Act 1982

1  Subsection 4(1)

Repeal the following definitions:

                     (a)  definition of authorised person;

                     (b)  definition of complainant;

                     (c)  definition of IC review;

                     (d)  definition of IC reviewable decision;

                     (e)  definition of IC review applicant;

                      (f)  definition of IC review application;

                     (g)  definition of implementation notice;

                     (h)  definition of Information Commissioner;

                      (i)  definition of investigation recommendations;

                      (j)  definition of investigation results;

                     (k)  definition of respondent agency;

                      (l)  definition of review parties.

2  Subsection 4(1) (paragraph (a) of the definition of run out)

Omit “or an IC review”.

3  Subsection 4(1) (paragraph (a) of the definition of run out)

Omit “either review”, substitute “the internal review”.

4  Subsection 4(1) (subparagraph (b)(ii) of the definition of run out)

Repeal the subparagraph, substitute:

                             (ii)  the time for applying to the Tribunal for review of the decision on internal review has ended, if the person has not applied for review by the Tribunal; or

5  Subsection 4(1) (paragraph (c) of the definition of run out)

Repeal the paragraph.

6  Subsection 4(1) (note at the end of the definition of run out)

Omit “a review”, substitute “an internal review”.

7  Subsection 4(1) (note at the end of the definition of run out)

Omit “sections 54B and 54T”, substitute “section 54B”.

8  Subsection 4(1) (definition of vexatious applicant declaration)

Repeal the definition.

9  Section 7A

Omit:

An agency must, in conjunction with the Information Commissioner, review the operation of the scheme in the agency every 5 years (if not earlier).

An agency must have regard to the objects of this Act, and guidelines issued by the Information Commissioner, in doing anything for the purposes of this Part.

substitute:

An agency must have regard to the objects of this Act, and guidelines issued under section 93A, in doing anything for the purposes of this Part.

10  Subparagraph 8(2)(g)(iii)

Omit “Information Commissioner”, substitute “Attorney‑General”.

11  Subsection 8(3)

Omit “Information Commissioner”, substitute “Attorney‑General”.

12  Section 8 (note 2)

Omit “by the Information Commissioner”, substitute “under section 93A”.

13  Section 8D (note 1)

Omit “by the Information Commissioner”, substitute “under section 93A”.

14  Section 8E

Repeal the section.

15  Division 3 of Part II

Repeal the Division.

16  Paragraph 9A(b)

Omit “by the Information Commissioner”.

17  Subsection 11B(5)

Omit “by the Information Commissioner”.

18  Paragraph 11C(1)(c)

Omit “Information Commissioner”, substitute “Attorney‑General”.

19  Subsection 11C(2)

Omit “Information Commissioner”, substitute “Attorney‑General”.

20  Subsection 15(5A)

Omit “by the Information Commissioner”.

21  Section 15AA

Omit all the words after “30 days”, substitute “if the applicant agrees in writing to the extension”.

22  Section 15AB

Repeal the section.

23  Paragraph 15AC(1)(a)

After “request”, insert “for access to a document”.

24  Subsection 15AC(2)

Omit “, otherwise than under this section”.

25  Subsections 15AC(3) to (9)

Repeal the subsections, substitute:

Deemed refusal

             (3)  The principal officer of the agency or the Minister is taken to have made a decision personally refusing to give access to the document on the last day of the initial decision period.

             (4)  Notice of that decision is taken to have been given under section 26 to the applicant on that day.

26  Subparagraph 26(1)(c)(ii)

Omit “Information Commissioner”, substitute “Ombudsman”.

27  Paragraph 26(1)(c)

Omit “and IC review (Part VII)”.

28  Subsections 26A(4), 26AA(4), 27(7) and 27A(6) (note 1)

Omit “, review by the Information Commissioner (see Part VII)”.

29  Paragraph 29(9)(b)

Omit “Information Commissioner”, substitute “Ombudsman”.

30  Subsection 29(9)

Omit “and IC review (Part VII)”.

31  Subsection 31(2) (note)

Omit “, an IC review (see Part VII)”.

32  Subsections 51DA(2) to (8)

Repeal the subsections, substitute:

             (2)  The principal officer of the agency or the Minister is taken to have made a decision personally refusing to amend or annotate the record of personal information to which the application relates on the last day of the initial decision period.

             (3)  Notice of that decision is taken to have been given under section 26 to the applicant on that day.

33  Section 52

Omit:

These terms are used in this Part and in Parts VII and VIIA.

substitute:

These terms are used in this Part and in Part VIIA.

34  Subsections 54D(2) to (8)

Repeal the subsections, substitute:

             (2)  The principal officer of the agency or the Minister is taken to have made a decision personally affirming the original decision on the last day of the initial decision period.

             (3)  Notice of that decision is taken to have been given under section 26 to the internal review applicant on that day.

35  Part VII

Repeal the Part.

36  Section 57A

Repeal the section, substitute:

57A  Applications for review by the Tribunal

                   Applications may be made to the Tribunal for review of the following decisions:

                     (a)  an access refusal decision made personally by the principal officer of an agency or the Minister;

                     (b)  an access grant decision made personally by the principal officer of an agency or the Minister;

                     (c)  a decision under section 54B made by an agency refusing to allow a further period for making an application for internal review of an access refusal decision or access grant decision;

                     (d)  a decision under section 54C made by an agency on internal review of an access refusal decision or access grant decision;

                     (e)  a decision that is taken to have been made under section 54D by the principal officer of an agency.

Note 1:       An application for review of a decision may be made by, or on behalf of, a person whose interests are affected by the decision (see section 27 of the Administrative Appeals Tribunal Act 1975).

Note 2:       Subsection 29(2) of that Act sets out the time within which the application for review must be made.

37  Paragraph 58AA(2)(b)

Omit “the Information Commissioner,”.

38  Subsection 60AA(1)

Omit “the Information Commissioner,”.

39  Subsection 61(1)

Repeal the subsection, substitute:

             (1)  In proceedings under this Part for review of a decision in relation to a request or an application made under section 48, the agency to which, or the Minister to whom, the request or application was made has the onus of establishing:

                     (a)  that the decision is justified; or

                     (b)  that the Tribunal should give a decision adverse to the applicant who made the request or application.

40  Section 61A

Repeal the section.

41  Paragraph 66(1)(a)

Omit “of the Information Commissioner on an IC review”.

42  Part VIIB (heading)

Repeal the heading, substitute:

Part VIIBComplaints to the Ombudsman

43  Divisions 1 and 2 of Part VIIB

Repeal the Divisions.

44  Division 3 of Part VIIB (heading)

Repeal the heading.

45  Section 89F

Repeal the section.

46  Paragraph 89J(2)(b)

Omit “the Information Commissioner,”.

47  Division 1 of Part VIII

Repeal the Division.

48  Division 2 of Part VIII (heading)

Repeal the heading.

49  Section 89P

Repeal the section.

50  After section 92

Insert:

92A  Annual report about the operation of this Act

             (1)  The Attorney‑General must, as soon as practicable after the end of each financial year, cause to be prepared a written report about the operation of this Act during the year.

             (2)  Without limiting subsection (1), the report must set out the following:

                     (a)  the number of requests (the access requests) that were made under section 15 during the year;

                     (b)  the number of access requests (other than access requests to which paragraph (d) applies) that were granted during the year;

                     (c)  the number of access requests (other than access requests to which paragraph (d) applies) that were refused during the year;

                     (d)  the number of access requests made during the year in relation to which either or both of the following conditions are satisfied:

                              (i)  access was granted to an edited copy of the document (or any of the documents) requested;

                             (ii)  the request related to 2 or more documents and access was refused to one or more of the documents;

                     (e)  the number of applications that were made under section 48 during the year and particulars of the results of each such application;

                      (f)  particulars of the total charges collected during the year in dealing with access requests and applications under section 48 (whenever those requests and applications were made);

                     (g)  the number of applications for internal review that were made during the year and particulars of the results of each such review;

                     (h)  the number of applications for review by the Tribunal that were made under section 57A during the year and particulars of the results of each such review;

                      (i)  information about any guidelines issued under section 93A during the year and the matters to which those guidelines relate;

                      (j)  a description of any efforts made by the Department to assist agencies to comply with their obligations under this Act.

             (3)  The Attorney‑General must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.

51  Section 93 (heading)

Repeal the heading, substitute:

93  Agencies and Ministers to provide information to the Attorney‑General

52  Subsection 93(2)

Repeal the subsection, substitute:

             (2)  The agency or Minister must give the Attorney‑General information that is required to prepare a report under section 92A.

53  Subsections 93A(1) and (2)

Omit “Information Commissioner”, substitute “Attorney‑General”.

Inspector‑General of Intelligence and Security Act 1986

54  Subsection 34(1AA)

Omit “Division 9 of Part VII or”.

55  Paragraph 34(5)(a)

Omit “Division 9 of Part VII or”.

56  Paragraphs 34(5)(bb) and (ca)

Repeal the paragraphs.

Ombudsman Act 1976

57  Subparagraph 6C(1)(a)(i)

Omit “or Part VIIB of the Freedom of Information Act 1982”.

58  Paragraph 6C(1)(b)

Omit “or Part VIIB of the Freedom of Information Act 1982”.

59  Subsection 6C(4)

Omit “or Part VIIB of the Freedom of Information Act 1982, as the case requires”.

Schedule 2Australian Privacy Commissioner

  

Australian Human Rights Commission Act 1986

1  Subsection 43(1)

Omit “necessary to assist”, substitute “of”.

2  Paragraph 43(2)(a)

Omit “assisting the President”, substitute “of the Commission”.

3  Section 43A

Repeal the section, substitute:

43A  Commission must provide assistance to the Australian Privacy Commissioner

             (1)  The Commission must provide such assistance to the Australian Privacy Commissioner as is necessary to enable the Commissioner to perform the functions conferred on the Commissioner by section 27 of the Privacy Act 1988.

             (2)  Without limiting subsection (1), the Commission may do either or both of the following:

                     (a)  make members of the staff of the Commission available to the Australian Privacy Commissioner;

                     (b)  make administrative services available to the Australian Privacy Commissioner.

             (3)  A member of the staff of the Commission who is made available to the Australian Privacy Commissioner under this section is subject to the directions of the Commissioner (and not the Commission) in relation to matters relating to the performance of the Commissioner’s functions.

4  Subsection 44A(4)

Insert:

purposes of the Commission includes the functions of the Australian Privacy Commissioner conferred by section 27 of the Privacy Act 1988.

5  After paragraph 44B(1)(a)

Insert:

                    (aa)  in payment or discharge of the costs, expenses and other obligations incurred by the Australian Privacy Commissioner in connection with the performance of the Commissioner’s functions conferred by section 27 of the Privacy Act 1988; and

6  At the end of paragraph 44B(1)(b)

Add “or the Privacy Act 1988”.

7  After section 45

Add:

45A  Application of finance law

                   For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013), the purposes of the Commission include the functions of the Australian Privacy Commissioner conferred by section 27 of the Privacy Act 1988.

Privacy Act 1988

8  Subsection 6(1)

Insert:

AHRC staff member means a person:

                     (a)  who is a member of the staff of the Australian Human Rights Commission; and

                     (b)  who is made available to the Commissioner under section 43A of the Australian Human Rights Commission Act 1986.

9  Subsection 6(1) (definition of Commissioner)

Repeal the definition, substitute:

Commissioner means the Australian Privacy Commissioner appointed under section 26XA.

10  Subsection 6(1)

Insert:

paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).

11  Part IV (heading)

Repeal the heading, substitute:

Part IVAustralian Privacy Commissioner

Division 1Australian Privacy Commissioner

26X  Australian Privacy Commissioner

                   There is to be an Australian Privacy Commissioner.

26XA  Appointment of Commissioner

             (1)  The Commissioner is to be appointed by the Governor‑General by written instrument, on a full‑time basis.

             (2)  The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

Note:          The Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

26XB  Acting appointment

                   The Minister may, by written instrument, appoint a person to act as the Commissioner:

                     (a)  during a vacancy in the office of Commissioner, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the Commissioner:

                              (i)  is absent from duty or from Australia; or

                             (ii)  is, for any other reason, unable to perform the duties of the office.

Note:          See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.

26XC  Remuneration and allowances

             (1)  The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.

             (2)  The Commissioner is to be paid the allowances that are prescribed by the regulations.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973.

26XD  Leave of absence

             (1)  The Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  The Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

26XE  Outside work

                   The Commissioner must not engage in paid work outside the duties of his or her office without the Minister’s approval.

26XF  Disclosure of interests

Disclosure under this Act

             (1)  The Commissioner must give written notice to the Minister of all interests, pecuniary or otherwise, that the Commissioner has or acquires and that conflict or could conflict with the proper performance of the Commissioner’s functions.

             (2)  Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

Disclosure under the Public Governance, Performance and Accountability Act 2013

             (3)  A disclosure by the Commissioner under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.

             (4)  Subsection (3) applies in addition to any rules made for the purposes of that section.

             (5)  For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the Commissioner is taken not to have complied with section 29 of that Act if he or she does not comply with subsection (3) of this section.

26XG  Other terms and conditions

                   The Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.

26XH  Resignation

             (1)  The Commissioner may resign his or her appointment by giving the Governor‑General a written resignation.

             (2)  The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.

26XI  Termination of appointment

             (1)  The Governor‑General may terminate the appointment of the Commissioner:

                     (a)  for misbehaviour; or

                     (b)  if the Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.

             (2)  The Governor‑General must terminate the appointment of the Commissioner if:

                     (a)  the Commissioner:

                              (i)  becomes bankrupt; or

                             (ii)  takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with one or more of his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or

                     (b)  the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (c)  the Commissioner engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 26XE); or

                     (d)  the Commissioner fails, without reasonable excuse, to comply with:

                              (i)  subsection 26XF(1) (which deals with the disclosure of interests under this Act); and

                             (ii)  section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests under that Act) or rules made for the purposes of that Act.

26XJ  Commissioner may engage consultants

             (1)  The Commissioner may engage consultants to assist in the performance of the Commissioner’s functions, other than:

                     (a)  the issuing of rules under section 17; or

                     (b)  the making of determinations for the purposes of section 52.

             (2)  The consultants are to be engaged on the terms and conditions that the Commissioner determines in writing.

26XK  Delegation by Commissioner

Delegation to AHRC staff member

             (1)  The Commissioner may, in writing, delegate all or any of the Commissioner’s functions or powers to an AHRC staff member, other than:

                     (a) the issuing of rules under section 17; or

                     (b)  the making of determinations for the purposes of section 52.

Delegation to staff of the Ombudsman

             (2)  The Commissioner may, in writing, delegate all or any of the Commissioner’s functions or powers conferred by Part V (other than section 52) to a person who is a member of the staff of the Ombudsman.

Directions to delegates

             (3)  In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Commissioner.

26XL  Annual report

             (1)  The Commissioner must, as soon as practicable after the end of each financial year, prepare and give to the Minister a report on the performance, during the year, of the functions conferred on the Commissioner by section 27.

             (2)  The report must also include information about the operation, during the financial year, of registered APP codes that contain procedures for making and dealing with complaints in relation to acts or practices that may be an interference with the privacy of an individual, including:

                     (a)  details about the number of complaints made under those codes during the year; and

                     (b)  the nature and outcome of those complaints.

             (3)  The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sittings days of that House after receiving the report.

26XM  Application of finance law

                   For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013), the Commissioner is an official of the Australian Human Rights Commission.

12  Paragraph 36(4)(a)

Repeal the paragraph, substitute:

                     (a)  AHRC staff members; and

13  Paragraph 36(4)(b)

Omit “section 99”, substitute “subsection 26XK(2)”.

14  Part VII

Repeal the Part.

15  After section 95C

Insert:

95D  Offence of unauthorised dealing with information

             (1)  A person commits an offence if:

                     (a)  the person makes a record of, discloses or otherwise uses information; and

                     (b)  the information was acquired by the person in the course of performing a function, or exercising a power, referred to in section 27.

Penalty:  Imprisonment for 2 years.

             (2)  Subsection (1) does not apply if:

                     (a)  the person records, discloses or otherwise uses the information in the course of performing a function, or exercising a power, referred to in section 27; or

                     (b)  the person records, discloses or otherwise uses the information for any other lawful purpose; or

                     (c)  the person to whom the information relates consents to the recording, disclosure or use of the information.

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

95E  Limit on disclosure of information to court etc.

                   A person must not, except if it is necessary to do so for the purposes of this Act, be required:

                     (a)  to disclose information that the person acquired in the course of performing a function, or exercising a power, referred to in section 27; or

                     (b)  to produce any document that contains such information;

to a court, tribunal, authority or person that has power to require the production of documents or the answering of questions.

Schedule 3Abolishing the Office of Australian Information Commissioner

Part 1Repeals

Australian Information Commissioner Act 2010

1  The whole of the Act

Repeal the Act.

Part 2Consequential amendments

Administrative Appeals Tribunal Act 1975

2  Paragraph 49(1)(ca)

Repeal the paragraph.

Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006

3  Subparagraph 212(2)(a)(vi)

Repeal the subparagraph, substitute:

                            (vi)  the Australian Privacy Commissioner; and

Australian Citizenship Act 2007

4  Paragraph 43(2)(g)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

Australian Human Rights Commission Act 1986

5  Subsections 20(4A) and (4B)

Omit “Information Commissioner” (wherever occurring), substitute “Australian Privacy Commissioner”.

Child Care Act 1972

6  Subsection 12P(3)

Omit “Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010)”, substitute “Australian Privacy Commissioner”.

Crimes Act 1914

7  Paragraph 3ZQJ(2)(c)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

8  Paragraph 23YDAE(2)(g)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

9  Paragraph 23YO(2)(g)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

10  Subsection 23YUK(4) (paragraph (b) of the definition of independent review)

Omit “a person nominated by the Information Commissioner in the performance of the privacy functions (within the meaning of the Australian Information Commissioner Act 2010)”, substitute “a nominee of the Australian Privacy Commissioner”.

11  Division 5 of Part VIIC (heading)

Repeal the heading, substitute:

Division 5Complaints to Australian Privacy Commissioner

12  Section 85ZZ (heading)

Repeal the heading, substitute:

85ZZ  Australian Privacy Commissioner’s functions

13  Subsection 85ZZ(1)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

14  Subsection 85ZZ(1A)

Repeal the subsection.

15  Subsection 85ZZ(2)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

16  Section 85ZZA (heading)

Repeal the heading, substitute:

85ZZA  Complaints to the Australian Privacy Commissioner

17  Subsection 85ZZA(1)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

18  Subsection 85ZZA(3)

Omit “Information Commissioner’s”, substitute “Australian Privacy Commissioner’s”.

19  Subsections 85ZZC(1) and (2)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

20  Section 85ZZD (heading)

Repeal the heading, substitute:

85ZZD  Determinations of Australian Privacy Commissioner

21  Subsections 85ZZD(1), (2), (3) and (4)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

22  Subsection 85ZZF(1)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

23  Subsection 85ZZG(1)

After “64 to 68 (inclusive)”, insert “, 95D, 95E”.

Data‑matching Program (Assistance and Tax) Act 1990

24  Subsection 10(5) (definition of sampling procedures)

Omit “Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010)”, substitute “Australian Privacy Commissioner”.

25  Subsection 12(2)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

26  Subsection 12(3)

Repeal the subsection.

27  Subsection 12(4)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

28  Subsection 13(1)

Repeal the subsection.

29  Subsections 13(2), (3), (4), (5), (7) and (8)

Omit “Commissioner” (wherever occurring), substitute “Australian Privacy Commissioner”.

30  Paragraph 13(4)(b)

Omit “Commissioner’s”, substitute “Australian Privacy Commissioner’s”.

31  Subsection 14(2)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

Environment Protection and Biodiversity Conservation Act 1999

32  Paragraph 42(2)(e) of Schedule 1

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

33  Paragraph 53(2)(g) of Schedule 1

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

Fair Work Act 2009

34  Paragraph 510(1)(c)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

Fisheries Management Act 1991

35  Paragraph 42(2)(e) of Schedule 1A

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

36  Paragraph 53(2)(g) of Schedule 1A

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

Healthcare Identifiers Act 2010

37  Section 29 (heading)

Repeal the heading, substitute:

29  Functions of Australian Privacy Commissioner

38  Subsection 29(3) (heading)

Repeal the heading, substitute:

Assessment by Australian Privacy Commissioner

39  Section 30 (heading)

Repeal the heading, substitute:

30  Annual reports by Australian Privacy Commissioner

40  Subsection 30(1)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

41  Subsection 30(1)

Omit “Information Commissioner’s”, substitute “Australian Privacy Commissioner’s”.

42  Subsections 30(2) and (3)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

Migration Act 1958

43  Paragraph 261AKD(2)(e)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

44  Paragraph 336E(2)(g)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

National Health Act 1953

45  Subsection 135AA(3)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

46  Subsection 135AA(3A)

Repeal the subsection.

47  Subsections 135AA(4), (5A), (5AA), (5B) and (6)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

48  Subsection 135AB(2)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

National Health and Medical Research Council Act 1992

49  Subparagraphs 61(4)(b)(i) and (ii)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

50  Paragraphs 61(5)(c) and (d)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

51  Subsection 61(6)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

National Health Reform Act 2011

52  Paragraph 282(2)(b)

Repeal the paragraph.

Ombudsman Act 1976

53  Section 6C (heading)

Repeal the heading, substitute:

6C  Transfer of complaints to Australian Privacy Commissioner

54  Subparagraphs 6C(1)(a)(i) and (ii)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

55  Paragraph 6C(1)(b)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

56  Subsection 6C(2) (heading)

Repeal the heading, substitute:

Requirement to consult with Australian Privacy Commissioner

57  Paragraph 6C(2)(a)

Omit “Information Commissioner” (wherever occurring), substitute “Australian Privacy Commissioner”.

58  Subsection 6C(3) (heading)

Repeal the heading, substitute:

Transfer to Australian Privacy Commissioner

59  Paragraphs 6C(3)(a) and (c)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

60  Subsection 6C(4)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

Personally Controlled Electronic Health Records Act 2012

61  Paragraph 4(10)(b)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

62  Subsection 73(3)

Omit “Information Commissioner’s”, substitute “Australian Privacy Commissioner’s”.

63  Subsections 73(3) and (4)

Omit “Information Commissioner” (wherever occurring), substitute “Australian Privacy Commissioner”.

64  Section 73A (heading)

Repeal the heading, substitute:

73A  Australian Privacy Commissioner may disclose details of investigations to System Operator

65  Section 73A

Omit “Information Commissioner” (wherever occurring), substitute “Australian Privacy Commissioner”.

66  Paragraph 75(2)(b)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

67  Subsection 75(3)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

68  Subsections 79(1) and (2)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

69  Subsections 94(1) and (2)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

70  Subsections 96(1), (2) and (7)

Omit “Information Commissioner” (wherever occurring), substitute “Australian Privacy Commissioner”.

71  Section 106 (heading)

Repeal the heading, substitute:

106  Annual reports by Australian Privacy Commissioner

72  Subsections 106(1), (3) and (4)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

73  Section 111 (heading)

Repeal the heading, substitute:

111  Guidelines relating to the Australian Privacy Commissioner’s enforcement powers etc.

74  Subsections 111(1) and (2)

Omit “Information Commissioner” (wherever occurring), substitute “Australian Privacy Commissioner”.

Student Identifiers Act 2014

75  Section 3

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

76  Section 8

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

77  Subsection 23(1) (note)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

78  Paragraph 23(2)(a)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

79  Section 24 (heading)

Repeal the heading, substitute:

24  Additional functions of the Australian Privacy Commissioner

80  Subsection 24(1)

Omit “Information Commissioner’s”, substitute “Australian Privacy Commissioner’s”.

81  Subsections 24(1), (2) and (3)

Omit “Information Commissioner” (wherever occurring), substitute “Australian Privacy Commissioner”.

Telecommunications Act 1997

82  Paragraphs 117(1)(j) and (k)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

83  Subsection 118(1) (note)

Omit “Information Commissioner (exercising functions under the Privacy Act 1988)”, substitute “Australian Privacy Commissioner”.

84  Subsection 118(4A)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

85  Paragraphs 119A(1)(j) and (k)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

86  Subsection 121(1A)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

87  Subsection 122(3)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

88  Section 130 (note)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

89  Section 134 (heading)

Repeal the heading, substitute:

134  Consultation with the Australian Privacy Commissioner

90  Subsections 134(2) and (3)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

91  Paragraph 295M(1)(a)

Repeal the paragraph, substitute:

                     (a)  must consult the Australian Privacy Commissioner and have regard to any submissions made by the Australian Privacy Commissioner because of that consultation; and

92  Section 295ZC (heading)

Repeal the heading, substitute:

295ZC  Annual reports to the ACMA and Australian Privacy Commissioner

93  Section 295ZC

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

94  Section 309 (heading)

Repeal the heading, substitute:

309  Monitoring by the Australian Privacy Commissioner

95  Subsection 309(1)

Omit “Information Commissioner” (wherever occurring), substitute “Australian Privacy Commissioner”.

96  Subsection 309(1A)

Repeal the subsection.

97  Subsections 309(2), (3) and (4)

Omit “Information Commissioner” (wherever occurring), substitute “Australian Privacy Commissioner”.

98  Section 515A (heading)

Repeal the heading, substitute:

515A  Reference of matters to Australian Privacy Commissioner

99  Paragraphs 515A(2)(a) and (b)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

100  Paragraphs 515A(3)(a) and (c)

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

101  Subsection 515A(4)

Omit “Information Commissioner” (wherever occurring), substitute “Australian Privacy Commissioner”.

Telecommunications (Interception and Access) Act 1979

102  Subsection 183(3)

Omit “Information Commissioner in relation to matters that relate to privacy functions (within the meaning of the Australian Information Commissioner Act 2010)”, substitute “Australian Privacy Commissioner”.

Torres Strait Fisheries Act 1984

103  Paragraph 42(2)(e) of Schedule 2

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

104  Paragraph 53(2)(g) of Schedule 2

Omit “Information Commissioner”, substitute “Australian Privacy Commissioner”.

Schedule 4Application, saving and transitional provisions

Part 1Definitions

1  Definitions

In this Schedule:

AIC Act means the Australian Information Commissioner Act 2010, as in force immediately before the commencement day.

asset means:

                     (a)  any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and

                     (b)  any right, power, privilege or immunity, whether actual, contingent or prospective.

commence, in relation to an enterprise agreement, means begin to operate.

commencement day means the day on which this item commences.

covers has the same meaning as in the Fair Work Act 2009.

designated agreement means the agreement known as the Office of the Australian Information Commissioner Enterprise Agreement 2011–2014.

enterprise agreement has the same meaning as in the Fair Work Act 2009.

FOI Act means the Freedom of Information Act 1982.

IC review has the meaning given by section 54G of the FOI Act, as in force immediately before the commencement day.

IC reviewable decision has the meaning given by section 54K of the FOI Act, as in force immediately before the commencement day.

IC review application has the meaning given by section 54H of the FOI Act, as in force immediately before the commencement day.

Information Commissioner means the Australian Information Commissioner appointed under section 14 of the AIC Act.

instrument includes:

                     (a)  a contract, deed, undertaking, arrangement or agreement; and

                     (b)  a notice, authority, order or instruction; and

                     (c)  an instrument made under an Act or regulation;

but does not include an Act, a contract of employment or an enterprise agreement.

liability means any liability, duty or obligation, whether actual, contingent or prospective.

Office of the AIC means the Office of the Australian Information Commissioner established under section 5 of the AIC Act.

Privacy Commissioner means the Privacy Commissioner appointed under section 14 of the AIC Act.

Note:          A person may be taken to have been appointed as the Privacy Commissioner under that section (see item 2 of Schedule 7 to the Freedom of Information Amendment (Reform) Act 2010).

privacy purpose means a purpose relating to the privacy functions (within the meaning of the AIC Act).

Part 2Transition to the new review and complaints arrangements

2  Pending IC review applications

(1)       This item applies if:

                     (a)  an IC review application in relation to an IC reviewable decision was made before the commencement day; and

                     (b)  immediately before that day, no decision has been made under section 54W or 55K of the FOI Act in relation to the application.

Deemed application for review by the Tribunal

(2)       On the commencement day, an application (the deemed application) is taken to have been made to the Tribunal for review of the IC reviewable decision.

(3)       The following apply in relation to the deemed application in the same way as they apply in relation to an application for review by the Tribunal made under section 57A of the FOI Act:

                     (a)  Divisions 3 to 7 of Part VIIA of the FOI Act, as amended by Schedule 1 to this Act;

                     (b)  the Administrative Appeals Tribunal Act 1975 and the regulations made under that Act (other than the provisions relating to the payment of fees of a kind mentioned in subsection 70(2) or (3) of that Act), as they are in force on and after the commencement day.

Transfer of records or documents

(4)       Any records or documents relating to the IC review application that, immediately before the commencement day, were in the possession of the Information Commissioner are to be transferred to the Tribunal on or after that day.

3  Review by the Tribunal of certain pre‑commencement decisions

(1)       This item applies if:

                     (a)  before the commencement day, the Information Commissioner made:

                              (i)  a decision (the IC decision) under section 55K of the FOI Act on an IC review; or

                             (ii)  a decision under paragraph 54W(b) of that Act not to undertake an IC review, or not to continue to undertake an IC review, of an IC reviewable decision; and

                     (b)  immediately before that day, an application has not been made under section 57A of that Act for review by the Tribunal of:

                              (i)  if subparagraph (a)(i) of this subitem applies—the IC decision; or

                             (ii)  if subparagraph (a)(ii) of this subitem applies—the IC reviewable decision; and

                     (c)  immediately before that day, the time for a person to make such an application has not ended (including any extensions of that time under section 29 of the Administrative Appeals Tribunal Act 1975).

(2)       Despite the repeal of section 57A of the FOI Act by Schedule 1 to this Act, that section, as in force immediately before the commencement day, continues to apply in relation to the IC decision or IC reviewable decision (as the case may be) as if that repeal had not happened.

(3)       If an application for review is made to the Tribunal as a result of the continued application of section 57A of the FOI Act by subitem (2) of this item then the following apply in relation to the application:

                     (a)  Divisions 3 to 7 of Part VIIA of the FOI Act, as amended by Schedule 1 to this Act;

                     (b)  the Administrative Appeals Tribunal Act 1975 and the regulations made under that Act, as they are in force on and after the commencement day.

4  Appeals to the Federal Court of Australia on questions of law from certain pre‑commencement decisions

(1)       This item applies if:

                     (a)  before the commencement day, the Information Commissioner made a decision under section 55K of the FOI Act on an IC review; and

                     (b)  immediately before that day, a party to the IC review has not appealed to the Federal Court of Australia under section 56 of that Act on a question of law from the decision; and

                     (c)  immediately before that day, the time for a party to the IC review to institute such an appeal has not ended (including any further time allowed by the Court).

(2)       Despite the repeal of Division 10 of Part VII of the FOI Act by Schedule 1 to this Act, that Division, as in force immediately before the commencement day, continues to apply in relation to the Information Commissioner’s decision as if that repeal had not happened.

5  Incomplete investigations of complaints by the Information Commissioner

(1)       This item applies if:

                     (a)  before the commencement day, a person made a complaint to the Information Commissioner under section 70 of the FOI Act; and

                     (b)  immediately before that day, both of the following apply:

                              (i)  the Information Commissioner has not transferred the complaint to the Ombudsman under section 74 of that Act;

                             (ii)  the Information Commissioner has not given a notice under subsection 75(3) or 86(1) of that Act in relation to the complaint.

(2)       On the commencement day, the complaint is taken to be a complaint made to the Ombudsman under the Ombudsman Act 1976.

6  Saving of protection from civil proceedings etc. provisions

            Despite the repeal of sections 55Z, 85 and 89E of the FOI Act by Schedule 1 to this Act, those sections, as in force immediately before the commencement day, continue to apply in relation to a person as if the repeal had not happened.

Part 3Transition to the Australian Privacy Commissioner

7  Appointment of the Australian Privacy Commissioner

(1)       The person holding office as the Privacy Commissioner immediately before the commencement day is taken, at the start of that day, to have been duly appointed as the Australian Privacy Commissioner under section 26XA of the Privacy Act 1988:

                     (a)  for the balance of the person’s term of appointment that remained immediately before that day; and

                     (b)  on the same terms and conditions as applied to the person immediately before that day.

(2)       This item does not prevent those terms being varied on or after the commencement day.

8  Things done by, or in relation to, the Information Commissioner

(1)       If, before the commencement day, a thing was done by, or in relation to, the Information Commissioner for a privacy purpose, then the thing is taken, on and after that day, to have been done by, or in relation to, the Australian Privacy Commissioner for the privacy purpose.

(2)       The Minister may, by writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Information Commissioner.

(3)       A determination made under subitem (2) is not a legislative instrument.

9  Things started but not finished by the Information Commissioner

(1)       This item applies if:

                     (a)  before the commencement day, the Information Commissioner started doing a thing for a privacy purpose in accordance with a provision of an Act or instrument; and

                     (b)  immediately before that day, the Information Commissioner had not finished doing that thing.

(2)       The Australian Privacy Commissioner may, on and after the commencement day, finish doing the thing for the privacy purpose in accordance with the provision of the Act or instrument.

(3)       The Minister may, by writing, determine that subitem (2) does not apply in relation to a specified thing started by the Information Commissioner.

(4)       A determination made under subitem (3) is not a legislative instrument.

10  References to the Information Commissioner etc. in instruments

(1)       This item applies to an instrument if:

                     (a)  the instrument was in force immediately before the commencement day; and

                     (b)  the instrument was made for a privacy purpose; and

                     (c)  the instrument contains a reference to the Information Commissioner, the Privacy Commissioner or the Office of the AIC.

(2)       The instrument has effect, on and after the commencement day, as if a reference to the Information Commissioner, the Privacy Commissioner or the Office of the AIC were a reference to the Australian Privacy Commissioner.

(3)       The Minister may, by writing, determine that subitem (2) does not apply in relation to a specified instrument.

(4)       A determination made under subitem (3) is not a legislative instrument.

(5)       This item does not prevent the instrument from being varied, amended, revoked or terminated on or after the commencement day.

11  Substitution of Information Commissioner as a party to pending proceedings

(1)       This item applies to any proceedings pending in any court or tribunal immediately before the commencement day if:

                     (a)  the Information Commissioner was a party to the proceedings; and

                     (b)  the proceedings related to a privacy purpose.

(2)       On and after the commencement day, the Australian Privacy Commissioner is substituted for the Information Commissioner as a party to the proceedings.

12  Employees of the Australian Human Rights Commission

Transferring employees

(1)       For the purposes of this item, a person is a transferring employee if:

                     (a)  the person was an APS employee in the Office of the AIC immediately before the commencement day; and

                     (b)  the person is covered by a determination that:

                              (i)  is made under section 72 of the Public Service Act 1999; and

                             (ii)  causes the person, on the commencement day, to become an APS employee in the Australian Human Rights Commission.

(2)       If:

                     (a)  a person is a transferring employee; and

                     (b)  immediately before the commencement day, the designated agreement applied to the person’s employment in the Office of the AIC;

then:

                     (c)  the designated agreement (as in force immediately before the commencement day) covers the Commonwealth and the transferring employee in relation to the transferring employee’s employment in the Australian Human Rights Commission; and

                     (d)  the designated agreement has effect on and after the commencement day, in relation to the transferring employee’s employment in the Australian Human Rights Commission, as if it had been made by the President of the Australian Human Rights Commission on behalf of the Commonwealth; and

                     (e)  if:

                              (i)  an enterprise agreement commences after the commencement day; and

                             (ii)  the enterprise agreement was made by the President of the Australian Human Rights Commission on behalf of the Commonwealth; and

                            (iii)  the enterprise agreement covers the Commonwealth and the transferring employee in relation to the transferring employee’s employment in the Australian Human Rights Commission;

                            paragraphs (c) and (d) cease to apply in relation to the transferring employee when the enterprise agreement commences.

(3)       If:

                     (a)  a person is a transferring employee; and

                     (b)  immediately before the commencement day, a determination under subsection 24(1) of the Public Service Act 1999 applied to the person’s employment in the Office of the AIC;

then:

                     (c)  the determination (to the extent to which it relates to the transferring employee) has effect on and after the commencement day, in relation to the transferring employee’s employment in the Australian Human Rights Commission, as if:

                              (i)  the determination had been made by the President of the Australian Human Rights Commission; and

                             (ii)  the determination were applicable to the person’s employment in the Australian Human Rights Commission; and

                     (d)  paragraph (c) does not prevent the variation or revocation of the determination.

New employees

(4)       For the purposes of this item, a person is a new employee if:

                     (a)  the person is an APS employee in the Australian Human Rights Commission; and

                     (b)  the person is not a transferring employee.

(5)       If:

                     (a)  the designated agreement covers the Commonwealth because of subitem (2); and

                     (b)  after the commencement day, a person becomes a new employee; and

                     (c)  the designated agreement would have covered the Commonwealth and the new employee in relation to the new employee’s employment in the Office of the AIC if the new employee had been an APS employee at the same level in the Office of the AIC immediately before the commencement day; and

                     (d)  the President of the Australian Human Rights Commission, by written notice given to the new employee before or within 14 days after the person becomes a new employee, determines that the designated agreement is applicable to the new employee for the purposes of this subitem from the time when the person becomes a new employee;

then:

                     (e)  the designated agreement (as in force immediately before the commencement day) covers the Commonwealth and the new employee in relation to the new employee’s employment in the Australian Human Rights Commission; and

                      (f)  the designated agreement has effect on and after the commencement day, in relation to the new employee’s employment in the Australian Human Rights Commission, as if it had been made by the President of the Australian Human Rights Commission; and

                     (g)  if:

                              (i)  an enterprise agreement commences after the commencement day; and

                             (ii)  the enterprise agreement was made by the President of the Australian Human Rights Commission on behalf of the Commonwealth; and

                            (iii)  the enterprise agreement covers the Commonwealth and the new employee in relation to the new employee’s employment in the Australian Human Rights Commission;

                            paragraphs (e) and (f) cease to apply in relation to the new employee when the enterprise agreement commences.

Delegation

(6)       The President of the Australian Human Rights Commission may, in writing, delegate the power conferred by paragraph (5)(d) to:

                     (a)  the Australian Privacy Commissioner; or

                     (b)  a person who is:

                              (i)  a member of the staff of the Australian Human Rights Commission; and

                             (ii)  an SES employee or acting SES employee; or

                     (c)  a person who is:

                              (i)  a member of the staff of the Australian Human Rights Commission; and

                             (ii)  an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.

Determination is not a legislative instrument

(7)       A determination made under paragraph (5)(d) is not a legislative instrument.

13  Separate agreements relating to employment

            If, under either or both of subitems 12(2) and (5), the designated agreement covers the Commonwealth and one or more employees in relation to their employment in the Australian Human Rights Commission, the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 have effect as if the following were separate agreements:

                     (a)  the designated agreement, so far as it has the coverage mentioned in this item;

                     (b)  the designated agreement, so far as it does not have the coverage mentioned in this item.

14  Application of the Safety, Rehabilitation and Compensation Act 1988

(1)       This item applies if, before the commencement day, an employee of the Office of the AIC suffered an injury resulting in an incapacity for work or an impairment.

(2)       Sections 36, 37, 38, 39, 41 and 41A of the Safety, Rehabilitation and Compensation Act 1988 apply on and after the commencement day, in relation to the injury, as if the employee were employed by the Australian Human Rights Commission.

Note:       The main effect of subitem (2) is that sections 36, 37, 38, 39, 41 and 41A of the Safety, Rehabilitation and Compensation Act 1988 apply in relation to the employee’s injury as if the President of the Australian Human Rights Commission were the rehabilitation authority.

(3)       On and after the commencement day, the Australian Human Rights Commission is, for the purposes of section 40 of the Safety, Rehabilitation and Compensation Act 1988, taken to be the relevant employer of the employee.

(4)       For the purposes of this item, employee of the Office of the AIC means a member of the staff of the Office of the AIC.

15  Engagement of consultants

(1)       This item applies to a person if:

                     (a)  before the commencement day, the person was engaged as a consultant under section 24 of the AIC Act; and

                     (b)  the engagement was in effect immediately before that day.

(2)       The person is taken, on and after the commencement day, to be engaged as a consultant under section 26XJ of the Privacy Act 1988 on the same terms and conditions that applied to the person’s engagement immediately before that day.

(3)       This item does not prevent those terms and conditions being varied after the commencement day.

16  Transfer of records to the Australian Privacy Commissioner

(1)       This item applies to any records or documents:

                     (a)  that, immediately before the commencement day, were in the possession of the Information Commissioner or a member of the staff of the Office of AIC; and

                     (b)  that relate to a privacy purpose.

(2)       The records and documents are to be transferred to the Australian Privacy Commissioner on or after the commencement day.

17  Unauthorised dealing with information

(1)       This item applies to information acquired, before the commencement day, by a person in the course of performing functions or exercising powers conferred for the purposes of:

                     (a)  the information commissioner functions (within the meaning of the AIC Act); or

                     (b)  the freedom of information functions (within the meaning of the AIC Act); or

                     (c)  the privacy functions (within the meaning of the AIC Act).

(2)       Despite the repeal of section 29 of the AIC Act, that section (as in force immediately before the commencement day) continues to apply in relation to the information as if that repeal had not happened.

Part 4Other matters

18  Extension of time under section 15AA of the FOI Act

(1)       This item applies if:

                     (a)  before the commencement day, a person who made a request under section 15 of the FOI Act agreed in writing to an extension of a period referred to in section 15AA of that Act; and

                     (b)  immediately before that day, the notice referred to in paragraph 15AA(b) of that Act had not been given.

(2)       On the commencement day, section 15AA as amended by Schedule 1 to this Act is taken to apply in relation to the agreement.

19  Saving of extensions of time under section 15AB of the FOI Act

(1)       This item applies if:

                     (a)  before the commencement day, the Information Commissioner extended the period referred to in paragraph 15(5)(b) of the FOI Act by a further period under subsection 15AB(2) of that Act; and

                     (b)  immediately before that day, the further period has not ended.

(2)       Despite the repeal of section 15AB of the FOI Act by Schedule 1 to this Act, the extension continues to have effect on and after the commencement day as if the repeal had not happened.

20  Saving of further time allowed under section 15AC or 51DA of the FOI Act

(1)       This item applies if:

                     (a)  before the commencement day, the Information Commissioner allowed further time under subsection 15AC(5) or 51DA(4) of the FOI Act; and

                     (b)  immediately before that day, that further time had not ended.

(2)       Despite the repeal of subsections 15AC(5) to (9) of the FOI Act by Schedule 1 to this Act, the allowance of further time under subsection 15AC(5) of the FOI Act continues to have effect on and after the commencement day as if the repeal had not happened.

(3)       Despite the repeal of subsections 51DA(4) to (8) of the FOI Act by Schedule 1 to this Act, the allowance of further time under subsection 51DA(4) of the FOI Act continues to have effect on and after the commencement day as if the repeal had not happened.

21  Saving of determination

A determination that:

                     (a)  was made under subsection 11C(2) of the FOI Act; and

                     (b)  was in force immediately before the commencement day;

continues in force (and may be dealt with) on and after that day as if it had been made under that subsection as amended by Schedule 1 to this Act.

22  Rules may prescribe matters of a transitional nature

(1)       The Attorney‑General may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Act.

(2)       Without limiting subitem (1), the rules may:

                     (a)  provide for matters of a transitional nature in relation to the transfer of APS employees from the Office of the AIC to the Australian Human Rights Commission; or

                     (b)  make provision for the transfer of the assets or liabilities of the Commonwealth that relate to the Office of the AIC.