Federal Register of Legislation - Australian Government

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SLI 2007 No. 236 Regulations as made
These Regulations amend the Privacy (Private Sector) Regulations 2001 to provide that under s 6E(2) of the Privacy Act 1988, a small business which operates a residential tenancy database and undertakes certain acts and practices is prescribed as an organisation.
Administered by: Attorney-General's
Registered 10 Aug 2007
Tabling HistoryDate
Tabled HR14-Aug-2007
Tabled Senate15-Aug-2007
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Privacy (Private Sector) Amendment Regulations 2007 (No. 3)1

Select Legislative Instrument 2007 No. 236

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Privacy Act 1988.

Dated 9 August 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

PHILIP RUDDOCK


1              Name of Regulations

                These Regulations are the Privacy (Private Sector) Amendment Regulations 2007 (No. 3).

2              Commencement

                These Regulations commence on 1 December 2007.

3              Amendment of Privacy (Private Sector) Regulations 2001

                Schedule 1 amends the Privacy (Private Sector) Regulations 2001.


Schedule 1        Amendment

(regulation 3)

  

[1]           After regulation 3

insert

3AA        Small business operators treated as organisations (Act s 6E)

         (1)   For subsection 6E (2) of the Act, a small business operator that operates a residential tenancy database is prescribed.

         (2)   For subsection 6E (2) of the Act, the following acts or practices of a small business operator of the kind mentioned in subregulation (1) are prescribed:

                (a)    an act done, or a practice engaged in, in connection with collecting personal information for the purpose of establishing or maintaining a residential tenancy database;

               (b)    an act done, or a practice engaged in, in connection with maintaining personal information on a residential tenancy database;

                (c)    an act done, or a practice engaged in, in connection with using or disclosing personal information that is stored on a residential tenancy database.

         (3)   In this regulation:

residential tenancy database means a database:

                (a)    that stores personal information in relation to an individual’s occupation of residential premises as a tenant; and

               (b)    that can be accessed by a person other than the operator of the database or a person acting for the operator.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.