PART V
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INVESTIGATIONS ETC.
Division 3
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Enforcement of determinations
History
Div 3 heading substituted by No 83 of 2022, s 3 and Sch 1 item 34, effective 13 December 2022.
Div 3 substituted by No 59 of 1995.
Div 3 heading substituted by No 155 of 2000.
Sch 1 of No 155 of 2000, effective 21 December 2001 contains the following application provision:
100(1)
Application: Enforcement of determinations
Division 3 of Part V of the
Privacy Act 1988
as amended by this Schedule applies to a determination made as a result of a complaint made after the commencement of this Schedule.
[
Commissioner's Note:
Section 16(1) of
Law and Justice Legislation Amendment Act 1993
Act No 13 of 1994 provides that an amendment made by Act No 13 of 1994 relating to the enforcement of determinations as if they were orders of the Federal Court does not apply to:
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a determination made before the commencement of the amendment; or
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a determination made after the commencement of the amendment in respect of a representative complaint lodged before the commencement of the amendment.]
SECTION 55B
EVIDENTIARY CERTIFICATE
55B(1)
[Commissioner may issue written certificate]
The Commissioner may issue a written certificate setting out the findings of fact upon which the Commissioner based his or her determination that:
(a)
a specified APP entity had breached an Australian Privacy Principle; or
(b)
a specified APP entity had breached a registered APP code that binds the entity.
History
S 55B(1) amended by No 197 of 2012, s 3 and Sch 4 item 133, effective 12 March 2014.
55B(2)
(Repealed by No 197 of 2012)
55B(3)
[Certificate is evidence of certain facts]
In any proceedings under section 55A, a certificate under subsection (1) of this section is prima facie evidence of the facts found by the Commissioner and set out in the certificate. However, the certificate is not prima facie evidence of a finding that:
(a)
a specified APP entity had breached an Australian Privacy Principle; or
(b)
a specified APP entity had breached a registered APP code that binds the entity.
History
S 55B(3) amended by No 197 of 2012, s 3 and Sch 3 items 33 and 34 and Sch 4 item 133, effective 12 March 2014.
55B(4)
[Document is certificate if properly given]
A document purporting to be a certificate under subsection (1) must, unless the contrary is established, be taken to be a certificate and to have been properly given.
History
S 55B(4) amended by No 197 of 2012, s 3 and Sch 3 item 35, effective 12 March 2014.
History
S 55B substituted for S 55 by No 155 of 2000. No 155 of 2000, Sch 1, effective 21 December 2001, contains the following application provision:
Application: Evidentiary certificates
100(2)
Section 55B of the
Privacy Act 1988
applies in relation to a determination made by the Commissioner in relation to an agency before or after the commencement of that section.