Legal database - View: Privacy Act 1988

Privacy Act 1988
PART I - PRELIMINARY
SECTION 1 SHORT TITLE
SECTION 2 COMMENCEMENT
SECTION 2A OBJECTS OF THIS ACT
SECTION 3 SAVING OF CERTAIN STATE AND TERRITORY LAWS
SECTION 3A APPLICATION OF THE CRIMINAL CODE
SECTION 4 ACT TO BIND THE CROWN
### (Repealed) SECTION 5 INTERPRETATION OF INFORMATION PRIVACY PRINCIPLES
SECTION 5A EXTENSION TO EXTERNAL TERRITORIES
SECTION 5B EXTRA-TERRITORIAL OPERATION OF ACT
PART II - INTERPRETATION
Division 1 - General definitions
SECTION 6 INTERPRETATION
SECTION 6AA MEANING OF RESPONSIBLE PERSON
SECTION 6A BREACH OF AN AUSTRALIAN PRIVACY PRINCIPLE
SECTION 6B BREACH OF A REGISTERED APP CODE
SECTION 6BA BREACH OF THE REGISTERED CR CODE
SECTION 6C ORGANISATIONS
SECTION 6D SMALL BUSINESS AND SMALL BUSINESS OPERATORS
SECTION 6DA WHAT IS THE ANNUAL TURNOVER OF A BUSINESS?
SECTION 6E SMALL BUSINESS OPERATOR TREATED AS ORGANISATION
SECTION 6EA SMALL BUSINESS OPERATORS CHOOSING TO BE TREATED AS ORGANISATIONS
SECTION 6F STATE INSTRUMENTALITIES ETC. TREATED AS ORGANISATIONS
SECTION 6FA MEANING OF HEALTH INFORMATION
SECTION 6FB MEANING OF HEALTH SERVICE
Division 2 - Key definitions relating to credit reporting
Subdivision A - Credit provider
SECTION 6G MEANING OF CREDIT PROVIDER
SECTION 6H AGENTS OF CREDIT PROVIDERS
SECTION 6J SECURITISATION ARRANGEMENTS ETC.
SECTION 6K ACQUISITION OF THE RIGHTS OF A CREDIT PROVIDER
Subdivision B - Other definitions
SECTION 6L MEANING OF ACCESS SEEKER
SECTION 6M MEANING OF CREDIT AND AMOUNT OF CREDIT
SECTION 6N MEANING OF CREDIT INFORMATION
SECTION 6P MEANING OF CREDIT REPORTING BUSINESS
SECTION 6Q MEANING OF DEFAULT INFORMATION
SECTION 6QA MEANINGS OF FINANCIAL HARDSHIP ARRANGEMENT AND FINANCIAL HARDSHIP INFORMATION
SECTION 6R MEANING OF INFORMATION REQUEST
SECTION 6S MEANING OF NEW ARRANGEMENT INFORMATION
SECTION 6T MEANING OF PAYMENT INFORMATION
SECTION 6U MEANING OF PERSONAL INSOLVENCY INFORMATION
SECTION 6V MEANING OF REPAYMENT HISTORY INFORMATION
Division 3 - Other matters
SECTION 7 ACTS AND PRACTICES OF AGENCIES, ORGANISATIONS ETC.
SECTION 7A ACTS OF CERTAIN AGENCIES TREATED AS ACTS OF ORGANISATION
SECTION 7B EXEMPT ACTS AND EXEMPT PRACTICES OF ORGANISATIONS
SECTION 7C POLITICAL ACTS AND PRACTICES ARE EXEMPT
SECTION 8 ACTS AND PRACTICES OF, AND DISCLOSURE OF INFORMATION TO, STAFF OF AGENCY, ORGANISATION ETC.
### (Repealed) SECTION 9 COLLECTORS
SECTION 10 AGENCIES THAT ARE TAKEN TO HOLD A RECORD
SECTION 11 FILE NUMBER RECIPIENTS
### (Repealed) SECTION 11A CREDIT REPORTING AGENCIES
### (Repealed) SECTION 11B CREDIT PROVIDERS
### (Repealed) SECTION 12 APPLICATION OF INFORMATION PRIVACY PRINCIPLES TO AGENCY IN POSSESSION
SECTION 12A ACT NOT TO APPLY IN RELATION TO STATE BANKING OR INSURANCE WITHIN THAT STATE
SECTION 12B SEVERABILITY - ADDITIONAL EFFECT OF THIS ACT
PART III - INFORMATION PRIVACY
Division 1 - Interferences with privacy
SECTION 13 INTERFERENCES WITH PRIVACY
### (Repealed) SECTION 13A INTERFERENCES WITH PRIVACY BY ORGANISATIONS
SECTION 13B RELATED BODIES CORPORATE
SECTION 13C CHANGE IN PARTNERSHIP BECAUSE OF CHANGE IN PARTNERS
SECTION 13D OVERSEAS ACT REQUIRED BY FOREIGN LAW
SECTION 13E EFFECT OF SECTIONS 13B, 13C AND 13D
SECTION 13F ACT OR PRACTICE NOT COVERED BY SECTION 13 IS NOT AN INTERFERENCE WITH PRIVACY
SECTION 13G SERIOUS AND REPEATED INTERFERENCES WITH PRIVACY
Division 2 - Australian Privacy Principles
SECTION 14 AUSTRALIAN PRIVACY PRINCIPLES
SECTION 15 APP ENTITIES MUST COMPLY WITH AUSTRALIAN PRIVACY PRINCIPLES
### (Repealed) SECTION 15B SPECIAL PROVISION RELATING TO THE APPLICATION OF THE INFORMATION PRIVACY PRINCIPLES IN RELATION TO NORFOLK ISLAND
SECTION 16 PERSONAL, FAMILY OR HOUSEHOLD AFFAIRS
SECTION 16A PERMITTED GENERAL SITUATIONS IN RELATION TO THE COLLECTION, USE OR DISCLOSURE OF PERSONAL INFORMATION
SECTION 16B PERMITTED HEALTH SITUATIONS IN RELATION TO THE COLLECTION, USE OR DISCLOSURE OF HEALTH INFORMATION
SECTION 16C ACTS AND PRACTICES OF OVERSEAS RECIPIENTS OF PERSONAL INFORMATION
(Repealed) Division 3 - Approved privacy codes and the National Privacy Principles
### (Repealed) SECTION 16D DELAYED APPLICATION OF NATIONAL PRIVACY PRINCIPLES TO SMALL BUSINESS
### (Repealed) SECTION 16E PERSONAL, FAMILY OR HOUSEHOLD AFFAIRS
### (Repealed) SECTION 16F INFORMATION UNDER COMMONWEALTH CONTRACT NOT TO BE USED FOR DIRECT MARKETING
Division 4 - Tax file number information
SECTION 17 RULES RELATING TO TAX FILE NUMBER INFORMATION
SECTION 18 FILE NUMBER RECIPIENTS TO COMPLY WITH RULES
(Repealed) Division 5 - Credit information
### (Repealed) SECTION 18A CODE OF CONDUCT RELATING TO CREDIT INFORMATION FILES AND CREDIT REPORTS
### (Repealed) SECTION 18B CREDIT REPORTING AGENCIES AND CREDIT PROVIDERS TO COMPLY WITH CODE OF CONDUCT
(Repealed) PART IIIAA - PRIVACY CODES
### (Repealed) SECTION 18BA APPLICATION FOR APPROVAL OF PRIVACY CODE
### (Repealed) SECTION 18BAA PRIVACY CODES MAY COVER EXEMPT ACTS OR PRACTICES
### (Repealed) SECTION 18BB COMMISSIONER MAY APPROVE PRIVACY CODE
### (Repealed) SECTION 18BC WHEN APPROVAL TAKES EFFECT
### (Repealed) SECTION 18BD VARYING AN APPROVED PRIVACY CODE
### (Repealed) SECTION 18BE REVOKING THE APPROVAL OF AN APPROVED PRIVACY CODE
### (Repealed) SECTION 18BF GUIDELINES ABOUT PRIVACY CODES
### (Repealed) SECTION 18BG REGISTER OF APPROVED PRIVACY CODES
### (Repealed) SECTION 18BH REVIEW OF OPERATION OF APPROVED PRIVACY CODE
### (Repealed) SECTION 18BI REVIEW OF ADJUDICATOR'S DECISION UNDER APPROVED PRIVACY CODE
PART IIIA - CREDIT REPORTING
Division 1 - Introduction
SECTION 19 GUIDE TO THIS PART
Division 2 - Credit reporting bodies
Subdivision A - Introduction and application of this Division etc.
SECTION 20 GUIDE TO THIS DIVISION
SECTION 20A APPLICATION OF THIS DIVISION AND THE AUSTRALIAN PRIVACY PRINCIPLES TO CREDIT REPORTING BODIES
Subdivision B - Consideration of information privacy
SECTION 20B OPEN AND TRANSPARENT MANAGEMENT OF CREDIT REPORTING INFORMATION
Subdivision C - Collection of credit information
SECTION 20C COLLECTION OF SOLICITED CREDIT INFORMATION
SECTION 20D DEALING WITH UNSOLICITED CREDIT INFORMATION
Subdivision D - Dealing with credit reporting information etc.
SECTION 20E USE OR DISCLOSURE OF CREDIT REPORTING INFORMATION
SECTION 20F PERMITTED CRB DISCLOSURES IN RELATION TO INDIVIDUALS
SECTION 20G USE OR DISCLOSURE OF CREDIT REPORTING INFORMATION FOR THE PURPOSES OF DIRECT MARKETING
SECTION 20H USE OR DISCLOSURE OF PRE-SCREENING ASSESSMENTS
SECTION 20J DESTRUCTION OF PRE-SCREENING ASSESSMENT
SECTION 20K NO USE OR DISCLOSURE OF CREDIT REPORTING INFORMATION DURING A BAN PERIOD
SECTION 20L ADOPTION OF GOVERNMENT RELATED IDENTIFIERS
SECTION 20M USE OR DISCLOSURE OF CREDIT REPORTING INFORMATION THAT IS DE-IDENTIFIED
Subdivision E - Integrity of credit reporting information
SECTION 20N QUALITY OF CREDIT REPORTING INFORMATION
SECTION 20P FALSE OR MISLEADING CREDIT REPORTING INFORMATION
SECTION 20Q SECURITY OF CREDIT REPORTING INFORMATION
Subdivision F - Access to, and correction of, information
SECTION 20R ACCESS TO CREDIT REPORTING INFORMATION
SECTION 20S CORRECTION OF CREDIT REPORTING INFORMATION
SECTION 20T INDIVIDUAL MAY REQUEST THE CORRECTION OF CREDIT INFORMATION ETC.
SECTION 20U NOTICE OF CORRECTION ETC. MUST BE GIVEN
Subdivision G - Dealing with credit reporting information after the retention period ends etc.
SECTION 20V DESTRUCTION ETC. OF CREDIT REPORTING INFORMATION AFTER THE RETENTION PERIOD ENDS
SECTION 20W RETENTION PERIOD FOR CREDIT INFORMATION - GENERAL
SECTION 20X RETENTION PERIOD FOR CREDIT INFORMATION - PERSONAL INSOLVENCY INFORMATION
SECTION 20Y DESTRUCTION OF CREDIT REPORTING INFORMATION IN CASES OF FRAUD
SECTION 20Z DEALING WITH INFORMATION IF THERE IS A PENDING CORRECTION REQUEST ETC.
SECTION 20ZA DEALING WITH INFORMATION IF AN AUSTRALIAN LAW ETC. REQUIRES IT TO BE RETAINED
Division 3 - Credit providers
Subdivision A - Introduction and application of this Division
SECTION 21 GUIDE TO THIS DIVISION
SECTION 21A APPLICATION OF THIS DIVISION TO CREDIT PROVIDERS
Subdivision B - Consideration of information privacy
SECTION 21B OPEN AND TRANSPARENT MANAGEMENT OF CREDIT INFORMATION ETC.
Subdivision C - Dealing with credit information
SECTION 21C ADDITIONAL NOTIFICATION REQUIREMENTS FOR THE COLLECTION OF PERSONAL INFORMATION ETC.
SECTION 21D DISCLOSURE OF CREDIT INFORMATION TO A CREDIT REPORTING BODY
SECTION 21E PAYMENT INFORMATION MUST BE DISCLOSED TO A CREDIT REPORTING BODY
SECTION 21EA FINANCIAL HARDSHIP INFORMATION MUST BE DISCLOSED
SECTION 21F LIMITATION ON THE DISCLOSURE OF CREDIT INFORMATION DURING A BAN PERIOD
Subdivision D - Dealing with credit eligibility information etc.
SECTION 21G USE OR DISCLOSURE OF CREDIT ELIGIBILITY INFORMATION
SECTION 21H PERMITTED CP USES IN RELATION TO INDIVIDUALS
SECTION 21J PERMITTED CP DISCLOSURES BETWEEN CREDIT PROVIDERS
SECTION 21K PERMITTED CP DISCLOSURES RELATING TO GUARANTEES ETC.
SECTION 21L PERMITTED CP DISCLOSURES TO MORTGAGE INSURERS
SECTION 21M PERMITTED CP DISCLOSURES TO DEBT COLLECTORS
SECTION 21N PERMITTED CP DISCLOSURES TO OTHER RECIPIENTS
SECTION 21NA DISCLOSURES TO CERTAIN PERSONS AND BODIES THAT DO NOT HAVE AN AUSTRALIAN LINK
SECTION 21P NOTIFICATION OF A REFUSAL OF AN APPLICATION FOR CONSUMER CREDIT
Subdivision E - Integrity of credit information and credit eligibility information
SECTION 21Q QUALITY OF CREDIT ELIGIBILITY INFORMATION
SECTION 21R FALSE OR MISLEADING CREDIT INFORMATION OR CREDIT ELIGIBILITY INFORMATION
SECTION 21S SECURITY OF CREDIT ELIGIBILITY INFORMATION
Subdivision F - Access to, and correction of, information
SECTION 21T ACCESS TO CREDIT ELIGIBILITY INFORMATION
SECTION 21U CORRECTION OF CREDIT INFORMATION OR CREDIT ELIGIBILITY INFORMATION
SECTION 21V INDIVIDUAL MAY REQUEST THE CORRECTION OF CREDIT INFORMATION ETC.
SECTION 21W NOTICE OF CORRECTION ETC. MUST BE GIVEN
Division 4 - Affected information recipients
SECTION 22 GUIDE TO THIS DIVISION
Subdivision A - Consideration of information privacy
SECTION 22A OPEN AND TRANSPARENT MANAGEMENT OF REGULATED INFORMATION
Subdivision B - Dealing with regulated information
SECTION 22B ADDITIONAL NOTIFICATION REQUIREMENTS FOR AFFECTED INFORMATION RECIPIENTS
SECTION 22C USE OR DISCLOSURE OF INFORMATION BY MORTGAGE INSURERS OR TRADE INSURERS
SECTION 22D USE OR DISCLOSURE OF INFORMATION BY A RELATED BODY CORPORATE
SECTION 22E USE OR DISCLOSURE OF INFORMATION BY CREDIT MANAGERS ETC.
SECTION 22F USE OR DISCLOSURE OF INFORMATION BY ADVISERS ETC.
Division 5 - Complaints
SECTION 23 GUIDE TO THIS DIVISION
SECTION 23A INDIVIDUAL MAY COMPLAIN ABOUT A BREACH OF A PROVISION OF THIS PART ETC.
SECTION 23B DEALING WITH COMPLAINTS
SECTION 23C NOTIFICATION REQUIREMENTS RELATING TO CORRECTION COMPLAINTS
Division 6 - Unauthorised obtaining of credit reporting information etc.
SECTION 24 OBTAINING CREDIT REPORTING INFORMATION FROM A CREDIT REPORTING BODY
SECTION 24A OBTAINING CREDIT ELIGIBILITY INFORMATION FROM A CREDIT PROVIDER
Division 7 - Court orders
SECTION 25 COMPENSATION ORDERS
SECTION 25A OTHER ORDERS TO COMPENSATE LOSS OR DAMAGE
Division 8 - Review
SECTION 25B REVIEW OF OPERATION OF THIS PART
PART IIIB - PRIVACY CODES
Division 1 - Introduction
SECTION 26 GUIDE TO THIS PART
Division 2 - Registered APP codes
Subdivision A - Compliance with registered APP codes etc.
SECTION 26A APP ENTITIES TO COMPLY WITH BINDING REGISTERED APP CODES
SECTION 26B WHAT IS A REGISTERED APP CODE
SECTION 26C WHAT IS AN APP CODE
SECTION 26D EXTENSION OF ACT TO EXEMPT ACTS OR PRACTICES COVERED BY REGISTERED APP CODES
Subdivision B - Development and registration of APP codes
SECTION 26E DEVELOPMENT OF APP CODES BY APP CODE DEVELOPERS
SECTION 26F APPLICATION FOR REGISTRATION OF APP CODES
SECTION 26G DEVELOPMENT OF APP CODES BY THE COMMISSIONER
SECTION 26H COMMISSIONER MAY REGISTER APP CODES
Subdivision C - Variation and removal of registered APP codes
SECTION 26J VARIATION OF REGISTERED APP CODES
SECTION 26K REMOVAL OF REGISTERED APP CODES
Division 3 - Registered CR code
Subdivision A - Compliance with the registered CR code
SECTION 26L ENTITIES TO COMPLY WITH THE REGISTERED CR CODE IF BOUND BY THE CODE
SECTION 26M WHAT IS THE REGISTERED CR CODE
SECTION 26N WHAT IS A CR CODE
Subdivision B - Development and registration of CR code
SECTION 26P DEVELOPMENT OF CR CODE BY CR CODE DEVELOPERS
SECTION 26Q APPLICATION FOR REGISTRATION OF CR CODE
SECTION 26R DEVELOPMENT OF CR CODE BY THE COMMISSIONER
SECTION 26S COMMISSIONER MAY REGISTER CR CODE
Subdivision C - Variation of the registered CR code
SECTION 26T VARIATION OF THE REGISTERED CR CODE
Division 4 - General matters
SECTION 26U CODES REGISTER
SECTION 26V GUIDELINES RELATING TO CODES
SECTION 26W REVIEW OF OPERATION OF REGISTERED CODES
PART IIIC - NOTIFICATION OF ELIGIBLE DATA BREACHES
Division 1 - Introduction
SECTION 26WA SIMPLIFIED OUTLINE OF THIS PART
SECTION 26WB ENTITY
SECTION 26WC DEEMED HOLDING OF INFORMATION
SECTION 26WD EXCEPTION - NOTIFICATION UNDER THE MY HEALTH RECORDS ACT 2012
Division 2 - Eligible data breach
SECTION 26WE ELIGIBLE DATA BREACH
SECTION 26WF EXCEPTION - REMEDIAL ACTION
SECTION 26WG WHETHER ACCESS OR DISCLOSURE WOULD BE LIKELY, OR WOULD NOT BE LIKELY, TO RESULT IN SERIOUS HARM - RELEVANT MATTERS
Division 3 - Notification of eligible data breaches
Subdivision A - Suspected eligible data breaches
SECTION 26WH ASSESSMENT OF SUSPECTED ELIGIBLE DATA BREACH
SECTION 26WJ EXCEPTION - ELIGIBLE DATA BREACHES OF OTHER ENTITIES
Subdivision B - General notification obligations
SECTION 26WK STATEMENT ABOUT ELIGIBLE DATA BREACH
SECTION 26WL ENTITY MUST NOTIFY ELIGIBLE DATA BREACH
SECTION 26WM EXCEPTION - ELIGIBLE DATA BREACHES OF OTHER ENTITIES
SECTION 26WN EXCEPTION - ENFORCEMENT RELATED ACTIVITIES
SECTION 26WP EXCEPTION - INCONSISTENCY WITH SECRECY PROVISIONS
SECTION 26WQ EXCEPTION - DECLARATION BY COMMISSIONER
Subdivision C - Commissioner may direct entity to notify eligible data breach
SECTION 26WR COMMISSIONER MAY DIRECT ENTITY TO NOTIFY ELIGIBLE DATA BREACH
SECTION 26WS EXCEPTION - ENFORCEMENT RELATED ACTIVITIES
SECTION 26WT EXCEPTION - INCONSISTENCY WITH SECRECY PROVISIONS
Division 4 - Commissioner ' s powers to obtain information or documents relating to eligible data breaches
SECTION 26WU POWER TO OBTAIN INFORMATION AND DOCUMENTS RELATING TO ELIGIBLE DATA BREACHES
PART IV - FUNCTIONS OF THE INFORMATION COMMISSIONER
(Repealed) Division 1 - Office of the Privacy Commissioner
Division 2 - Functions of Commissioner
SECTION 27 FUNCTIONS OF THE COMMISSIONER
### (Repealed) SECTION 27A FUNCTIONS OF COMMISSIONER IN RELATION TO HEALTHCARE IDENTIFIERS
SECTION 28 GUIDANCE RELATED FUNCTIONS OF THE COMMISSIONER
SECTION 28A MONITORING RELATED FUNCTIONS OF THE COMMISSIONER
SECTION 28B ADVICE RELATED FUNCTIONS OF THE COMMISSIONER
SECTION 29 COMMISSIONER MUST HAVE DUE REGARD TO THE OBJECTS OF THE ACT
Division 3 - Reports and information sharing by Commissioner
SECTION 30 REPORTS FOLLOWING INVESTIGATION OF ACT OR PRACTICE
SECTION 31 REPORT FOLLOWING EXAMINATION OF PROPOSED LAW
SECTION 32 COMMISSIONER MAY REPORT TO THE MINISTER IF THE COMMISSIONER HAS MONITORED CERTAIN ACTIVITIES ETC
SECTION 33 EXCLUSION OF CERTAIN MATTERS FROM REPORTS
SECTION 33A COMMISSIONER MAY SHARE INFORMATION WITH OTHER AUTHORITIES
SECTION 33B COMMISSIONER MAY DISCLOSE CERTAIN INFORMATION IF IN THE PUBLIC INTEREST ETC.
Division 3A - Assessments by, or at the direction of, the Commissioner
SECTION 33C COMMISSIONER MAY CONDUCT AN ASSESSMENT RELATING TO THE AUSTRALIAN PRIVACY PRINCIPLES ETC.
SECTION 33D COMMISSIONER MAY DIRECT AN AGENCY TO GIVE A PRIVACY IMPACT ASSESSMENT
(Repealed) Division 3B - Enforceable undertakings
### (Repealed) SECTION 33E COMMISSIONER MAY ACCEPT UNDERTAKINGS
### (Repealed) SECTION 33F ENFORCEMENT OF UNDERTAKINGS
Division 4 - Miscellaneous
SECTION 34 PROVISIONS RELATING TO DOCUMENTS EXEMPT UNDER THE FREEDOM OF INFORMATION ACT 1982
SECTION 35 DIRECTION WHERE REFUSAL OR FAILURE TO AMEND EXEMPT DOCUMENT
SECTION 35A COMMISSIONER MAY RECOGNISE EXTERNAL DISPUTE RESOLUTION SCHEMES
PART V - INVESTIGATIONS ETC.
Division 1A - Introduction
SECTION 36A GUIDE TO THIS PART
Division 1 - Investigation of complaints and investigations on the Commissioner ' s initiative
SECTION 36 COMPLAINTS
SECTION 36B COMPLAINTS RELATING TO THE DATA SHARING SCHEME
SECTION 37 PRINCIPAL EXECUTIVE OF AGENCY
SECTION 38 CONDITIONS FOR MAKING A REPRESENTATIVE COMPLAINT
SECTION 38A COMMISSIONER MAY DETERMINE THAT A COMPLAINT IS NOT TO CONTINUE AS A REPRESENTATIVE COMPLAINT
SECTION 38B ADDITIONAL RULES APPLYING TO THE DETERMINATION OF REPRESENTATIVE COMPLAINTS
SECTION 38C AMENDMENT OF REPRESENTATIVE COMPLAINTS
SECTION 39 CLASS MEMBER FOR REPRESENTATIVE COMPLAINT NOT ENTITLED TO LODGE INDIVIDUAL COMPLAINT
SECTION 40 INVESTIGATIONS
SECTION 40A CONCILIATION OF COMPLAINTS
SECTION 41 COMMISSIONER MAY OR MUST DECIDE NOT TO INVESTIGATE ETC. IN CERTAIN CIRCUMSTANCES
SECTION 42 PRELIMINARY INQUIRIES
SECTION 43 CONDUCT OF INVESTIGATIONS
SECTION 43A INTERESTED PARTY MAY REQUEST A HEARING
SECTION 44 POWER TO OBTAIN INFORMATION AND DOCUMENTS
SECTION 45 POWER TO EXAMINE WITNESSES
SECTION 46 DIRECTIONS TO PERSONS TO ATTEND COMPULSORY CONFERENCE
SECTION 47 CONDUCT OF COMPULSORY CONFERENCE
SECTION 48 COMPLAINANT AND CERTAIN OTHER PERSONS TO BE INFORMED OF VARIOUS MATTERS
SECTION 49 INVESTIGATION UNDER SECTION 40 TO CEASE IF CERTAIN OFFENCES MAY HAVE BEEN COMMITTED
SECTION 49A INVESTIGATION UNDER SECTION 40 TO CEASE IF CIVIL PENALTY PROVISION UNDER PERSONAL PROPERTY SECURITIES ACT 2009 MAY HAVE BEEN CONTRAVENED
SECTION 49B TRANSFER OF COMPLAINTS FROM THE INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY
SECTION 50 REFERENCE OF MATTERS TO OTHER AUTHORITIES
SECTION 50A SUBSTITUTION OF RESPONDENT TO COMPLAINT
SECTION 51 EFFECT OF INVESTIGATION BY AUDITOR-GENERAL
Division 2 - Determinations following investigation of complaints
SECTION 52 DETERMINATION OF THE COMMISSIONER
SECTION 52A DETERMINATION - REQUIREMENT TO NOTIFY CONDUCT CONSTITUTING INTERFERENCE WITH PRIVACY OF INDIVIDUAL
SECTION 53 DETERMINATION MUST IDENTIFY THE CLASS MEMBERS WHO ARE TO BE AFFECTED BY THE DETERMINATION
SECTION 53A NOTICE TO BE GIVEN TO OUTSOURCING AGENCY
SECTION 53B SUBSTITUTING AN AGENCY FOR A CONTRACTED SERVICE PROVIDER
Division 3 - Enforcement of determinations
SECTION 54 APPLICATION OF DIVISION
SECTION 55 OBLIGATIONS OF ORGANISATIONS AND SMALL BUSINESS OPERATORS
SECTION 55A PROCEEDINGS IN THE FEDERAL COURT OR FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) TO ENFORCE A DETERMINATION
SECTION 55B EVIDENTIARY CERTIFICATE
### (Repealed) SECTION 56 REVIEW OF REGISTERED DETERMINATION
Division 4 - Review and enforcement of determinations involving Commonwealth agencies
SECTION 57 APPLICATION OF DIVISION
SECTION 58 OBLIGATIONS OF AGENCIES
SECTION 59 OBLIGATIONS OF PRINCIPAL EXECUTIVE OF AGENCY
SECTION 60 COMPENSATION AND EXPENSES
### (Repealed) SECTION 61 REVIEW OF DETERMINATIONS REGARDING COMPENSATION AND EXPENSES
SECTION 62 ENFORCEMENT OF DETERMINATION AGAINST AN AGENCY
Division 5 - Miscellaneous
SECTION 63 LEGAL ASSISTANCE
SECTION 64 COMMISSIONER ETC. NOT TO BE SUED
SECTION 65 FAILURE TO ATTEND ETC. BEFORE COMMISSIONER
SECTION 66 FAILURE TO GIVE INFORMATION ETC.
SECTION 67 PROTECTION FROM CIVIL ACTIONS
SECTION 68 POWER TO ENTER PREMISES
SECTION 68A IDENTITY CARDS
### (Repealed) SECTION 69 RESTRICTIONS ON COMMISSIONER OBTAINING PERSONAL INFORMATION AND DOCUMENTS
SECTION 70 CERTAIN DOCUMENTS AND INFORMATION NOT REQUIRED TO BE DISCLOSED
### (Repealed) SECTION 70A APPLICATION OF PART TO ORGANISATIONS THAT ARE NOT LEGAL PERSONS
SECTION 70B APPLICATION OF THIS PART TO FORMER ORGANISATIONS
PART VI - PUBLIC INTEREST DETERMINATIONS AND TEMPORARY PUBLIC INTEREST DETERMINATIONS
Division 1 - Public interest determinations
SECTION 71 INTERPRETATION
SECTION 72 POWER TO MAKE, AND EFFECT OF, DETERMINATIONS
SECTION 73 APPLICATION BY APP ENTITY
SECTION 74 PUBLICATION OF APPLICATION ETC.
SECTION 75 DRAFT DETERMINATION
SECTION 76 CONFERENCE
SECTION 77 CONDUCT OF CONFERENCE
SECTION 78 DETERMINATION OF APPLICATION
SECTION 79 MAKING OF DETERMINATION
### (Repealed) SECTION 80 DETERMINATIONS DISALLOWABLE
Division 2 - Temporary public interest determinations
SECTION 80A TEMPORARY PUBLIC INTEREST DETERMINATIONS
SECTION 80B EFFECT OF TEMPORARY PUBLIC INTEREST DETERMINATION
### (Repealed) SECTION 80C DETERMINATIONS DISALLOWABLE
SECTION 80D COMMISSIONER MAY CONTINUE TO CONSIDER APPLICATION
Division 3 - Register of determinations
SECTION 80E REGISTER OF DETERMINATIONS
PART VIA - DEALING WITH PERSONAL INFORMATION IN EMERGENCIES AND DISASTERS
Division 1 - Object and interpretation
SECTION 80F OBJECT
SECTION 80G INTERPRETATION
SECTION 80H MEANING OF PERMITTED PURPOSE
Division 2 - Declaration of emergency
SECTION 80J DECLARATION OF EMERGENCY - EVENTS OF NATIONAL SIGNIFICANCE
SECTION 80K DECLARATION OF EMERGENCY - EVENTS OUTSIDE AUSTRALIA
SECTION 80L FORM OF DECLARATIONS
SECTION 80M WHEN DECLARATIONS TAKE EFFECT
SECTION 80N WHEN DECLARATIONS CEASE TO HAVE EFFECT
Division 3 - Provisions dealing with the use and disclosure of personal information
SECTION 80P AUTHORISATION OF COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
Division 4 - Other matters
SECTION 80Q DISCLOSURE OF INFORMATION - OFFENCE
SECTION 80R OPERATION OF PART
SECTION 80S SEVERABILITY - ADDITIONAL EFFECT OF PART
SECTION 80T COMPENSATION FOR ACQUISITION OF PROPERTY - CONSTITUTIONAL SAFETY NET
PART VIB - ENFORCEMENT
Division 1 - Civil penalties
SECTION 80U CIVIL PENALTY PROVISIONS
Division 1A - Infringement notices
SECTION 80UB INFRINGEMENT NOTICES
Division 2 - Enforceable undertakings
SECTION 80V ENFORCEABLE UNDERTAKINGS
Division 3 - Injunctions
SECTION 80W INJUNCTIONS
### (Repealed) SECTION 80X CIVIL ENFORCEMENT OF PENALTY
### (Repealed) SECTION 80Y CONDUCT CONTRAVENING MORE THAN ONE CIVIL PENALTY PROVISION
### (Repealed) SECTION 80Z MULTIPLE CONTRAVENTIONS
### (Repealed) SECTION 80ZA PROCEEDINGS MAY BE HEARD TOGETHER
### (Repealed) SECTION 80ZB CIVIL EVIDENCE AND PROCEDURE RULES FOR CIVIL PENALTY ORDERS
### (Repealed) SECTION 80ZC CONTRAVENING A CIVIL PENALTY PROVISION IS NOT AN OFFENCE
### (Repealed) SECTION 80ZD CIVIL PROCEEDINGS AFTER CRIMINAL PROCEEDINGS
### (Repealed) SECTION 80ZE CRIMINAL PROCEEDINGS DURING CIVIL PROCEEDINGS
### (Repealed) SECTION 80ZF CRIMINAL PROCEEDINGS AFTER CIVIL PROCEEDINGS
### (Repealed) SECTION 80ZG EVIDENCE GIVEN IN PROCEEDINGS FOR CIVIL PENALTY ORDER NOT ADMISSIBLE IN CRIMINAL PROCEEDINGS
PART VII - PRIVACY ADVISORY COMMITTEE
SECTION 81 INTERPRETATION
SECTION 82 ESTABLISHMENT AND MEMBERSHIP
SECTION 83 FUNCTIONS
SECTION 84 LEAVE OF ABSENCE
SECTION 85 REMOVAL AND RESIGNATION OF MEMBERS
SECTION 86 DISCLOSURE OF INTERESTS OF MEMBERS
SECTION 87 MEETINGS OF ADVISORY COMMITTEE
SECTION 88 TRAVEL ALLOWANCE
PART VIII - OBLIGATIONS OF CONFIDENCE
SECTION 89 OBLIGATIONS OF CONFIDENCE TO WHICH PART APPLIES
SECTION 90 APPLICATION OF PART
SECTION 91 EFFECT OF PART ON OTHER LAWS
SECTION 92 EXTENSION OF CERTAIN OBLIGATIONS OF CONFIDENCE
SECTION 93 RELIEF FOR BREACH ETC. OF CERTAIN OBLIGATIONS OF CONFIDENCE
SECTION 94 JURISDICTION OF COURTS
PART VIIIA - PUBLIC HEALTH CONTACT INFORMATION
(Repealed) Division 1 - Preliminary
### (Repealed) SECTION 94A SIMPLIFIED OUTLINE OF THIS PART
### (Repealed) SECTION 94B OBJECT OF THIS PART
### (Repealed) SECTION 94C CONSTITUTIONAL BASIS OF THIS PART
(Repealed) Division 2 - Offences relating to COVID app data and COVIDSafe
### (Repealed) SECTION 94D COLLECTION, USE OR DISCLOSURE OF COVID APP DATA
### (Repealed) SECTION 94E COVID APP DATA ON COMMUNICATION DEVICES
### (Repealed) SECTION 94F COVID APP DATA IN THE NATIONAL COVIDSAFE DATA STORE
SECTION 94G DECRYPTING COVID APP DATA
### (Repealed) SECTION 94H REQUIRING THE USE OF COVIDSAFE
### (Repealed) SECTION 94J EXTENDED GEOGRAPHICAL JURISDICTION FOR OFFENCES
(Repealed) Division 3 - Other obligations relating to COVID app data and COVIDSafe
### (Repealed) SECTION 94K COVID APP DATA NOT TO BE RETAINED
### (Repealed) SECTION 94L DELETION OF REGISTRATION DATA ON REQUEST
### (Repealed) SECTION 94M DELETION OF DATA RECEIVED IN ERROR
### (Repealed) SECTION 94N EFFECT OF DELETION OF COVIDSAFE FROM A COMMUNICATION DEVICE
### (Repealed) SECTION 94P OBLIGATIONS AFTER THE END OF THE COVIDSAFE DATA PERIOD
(Repealed) Division 4 - Application of general privacy measures
### (Repealed) SECTION 94Q COVID APP DATA IS TAKEN TO BE PERSONAL INFORMATION
### (Repealed) SECTION 94R BREACH OF REQUIREMENT IS AN INTERFERENCE WITH PRIVACY
### (Repealed) SECTION 94S BREACH OF REQUIREMENT MAY BE TREATED AS AN ELIGIBLE DATA BREACH
### (Repealed) SECTION 94T COMMISSIONER MAY CONDUCT AN ASSESSMENT RELATING TO COVID APP DATA
### (Repealed) SECTION 94U INVESTIGATION UNDER SECTION 40 TO CEASE IF COVID DATA OFFENCE MAY HAVE BEEN COMMITTED
### (Repealed) SECTION 94V REFERRING COVID DATA MATTERS TO STATE OR TERRITORY PRIVACY AUTHORITIES
### (Repealed) SECTION 94W COMMISSIONER MAY SHARE INFORMATION WITH STATE OR TERRITORY PRIVACY AUTHORITIES
### (Repealed) SECTION 94X APPLICATION TO STATE OR TERRITORY HEALTH AUTHORITIES
(Repealed) Division 5 - Miscellaneous
### (Repealed) SECTION 94Y DETERMINING THE END OF THE COVIDSAFE DATA PERIOD
### (Repealed) SECTION 94Z AGENCIES MAY BE DETERMINED TO BE DATA STORE ADMINISTRATOR
### (Repealed) SECTION 94ZA REPORTS ON OPERATION AND EFFECTIVENESS OF COVIDSAFE AND THE NATIONAL COVIDSAFE DATA STORE
### (Repealed) SECTION 94ZB REPORTS BY THE COMMISSIONER
### (Repealed) SECTION 94ZC COVID APP DATA REMAINS PROPERTY OF THE COMMONWEALTH
### (Repealed) SECTION 94ZD OPERATION OF OTHER LAWS
PART IX - MISCELLANEOUS
SECTION 95 MEDICAL RESEARCH GUIDELINES
SECTION 95A GUIDELINES FOR AUSTRALIAN PRIVACY PRINCIPLES ABOUT HEALTH INFORMATION
SECTION 95AA GUIDELINES FOR AUSTRALIAN PRIVACY PRINCIPLES ABOUT GENETIC INFORMATION
SECTION 95B REQUIREMENTS FOR COMMONWEALTH CONTRACTS
SECTION 95C DISCLOSURE OF CERTAIN PROVISIONS OF COMMONWEALTH CONTRACTS
SECTION 96 REVIEW BY THE ADMINISTRATIVE REVIEW TRIBUNAL
### (Repealed) SECTION 97 ANNUAL REPORT
### (Repealed) SECTION 98 INJUNCTIONS
SECTION 98A TREATMENT OF PARTNERSHIPS
SECTION 98B TREATMENT OF UNINCORPORATED ASSOCIATIONS
SECTION 98C TREATMENT OF TRUSTS
### (Repealed) SECTION 99 DELEGATION
SECTION 99A CONDUCT OF DIRECTORS, EMPLOYEES AND AGENTS
SECTION 100 REGULATIONS
(Repealed) PART X - AMENDMENTS OF OTHER ACTS
### (Repealed) SECTION 101 AMENDMENTS OF OTHER ACTS
SCHEDULE 1 - AUSTRALIAN PRIVACY PRINCIPLES
PART 1 - CONSIDERATION OF PERSONAL INFORMATION PRIVACY
1 Australian Privacy Principle 1 - open and transparent management of personal information
2 Australian Privacy Principle 2 - anonymity and pseudonymity
PART 2 - COLLECTION OF PERSONAL INFORMATION
3 Australian Privacy Principle 3 - collection of solicited personal information
4 Australian Privacy Principle 4 - dealing with unsolicited personal information
5 Australian Privacy Principle 5 - notification of the collection of personal information
PART 3 - DEALING WITH PERSONAL INFORMATION
6 Australian Privacy Principle 6 - use or disclosure of personal information
7 Australian Privacy Principle 7 - direct marketing
8 Australian Privacy Principle 8 - cross-border disclosure of personal information
9 Australian Privacy Principle 9 - adoption, use or disclosure of government related identifiers
PART 4 - INTEGRITY OF PERSONAL INFORMATION
10 Australian Privacy Principle 10 - quality of personal information
11 Australian Privacy Principle 11 - security of personal information
PART 5 - ACCESS TO, AND CORRECTION OF, PERSONAL INFORMATION
12 Australian Privacy Principle 12 - access to personal information
13 Australian Privacy Principle 13 - correction of personal information
(Repealed) SCHEDULE 2 - INTERIM GUIDELINES CONCERNING THE COLLECTION, STORAGE, USE AND SECURITY OF TAX FILE NUMBER INFORMATION
(Repealed) SCHEDULE 3 - NATIONAL PRIVACY PRINCIPLES

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