Privacy Legislation Amendment (Enforcement and Other Measures) Act 2022 (83 of 2022)

Schedule 1   Amendments

Privacy Act 1988

44   After Division 1 of Part VIB

Insert:

Division 1A - Infringement notices

80UB Infringement notices

Provisions subject to an infringement notice

(1) Subsection 66(1) of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.

Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer

(2) For the purposes of Part 5 of the Regulatory Powers Act, each of the following is an infringement officer in relation to the provision mentioned in subsection (1):

(a) the Commissioner;

(b) a member of the staff of the Commissioner who holds, or is acting in, an office or position that is equivalent to an SES employee.

Relevant chief executive

(3) For the purposes of Part 5 of the Regulatory Powers Act, the Commissioner is the relevant chief executive in relation to the provision mentioned in subsection (1).

Extension to external Territories

(4) Part 5 of the Regulatory Powers Act, as that Part applies in relation tothe provision mentioned in subsection (1), extends to every external Territory.