Freedom of Information Amendment (Reform) Act 2010 (51 of 2010)

Schedule 5   Amendments consequential on the establishment of the Office of the Australian Information Commissioner

Data-matching Program (Assistance and Tax) Act 1990

28   Section 12

Repeal the section, substitute:

12 Guidelines relating to privacy

(1) The matching agency and the source agencies must comply with guidelines issued under this section.

(2) The Information Commissioner may, by legislative instrument, issue guidelines relating to the matching of data under this Act.

(3) The function conferred by subsection (2) is a privacy function for the purposes of the Australian Information Commissioner Act 2010.

(4) After the end of each financial year, each agency must give the Information Commissioner, and cause to be laid before each House of the Parliament, a report including the matters relating to the data-matching program carried out during the financial year that are specified for the purposes of this subsection in guidelines issued under this section.

(5) After the 3-year period ending on 30 June 1998, and after each successive 3-year period, each agency must give the Minister responsible for the agency a report for presentation to the Parliament including all the details relating to the data-matching program carried out during the period that are specified for the purposes of this subsection in guidelines issued under this section.

Note: Section 34C of the Acts Interpretation Act 1901 sets time limits for giving reports to Ministers and for presentation of reports to the Parliament.

(6) Despite section 12 of the Legislative Instruments Act 2003, guidelines issued under this section take effect from:

(a) the first day on which the guidelines are no longer subject to disallowance; or

(b) if the guidelines make provision for their commencement after that day - in accordance with that provision.