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

Schedule 1   Amendments

Privacy Act 1988

22   At the end of section 33C

Add:

(3) Without limiting subsection (2), if the Commissioner has reason to believe that an entity or file number recipient being assessed has information or a document relevant to the assessment the Commissioner may, by written notice, require the entity or file number recipient to give the information or produce the document within the period specified in the notice, which must not be less than 14 days after the notice is given to the entity or file number recipient.

Note: For a failure to give information etc., see section 66.

(4) The Commissioner must not give a notice under subsection (3) unless the Commissioner is satisfied that it is reasonable in the circumstances to do so, having regard to the following:

(a) the public interest;

(b) the impact on the entity or file number recipient of complying with the notice;

(c) any other matters that the Commissioner considers relevant.

(5) An enforcement body is not required to comply with a notice given by the Commissioner under subsection (3) if the chief executive officer of the enforcement body believes on reasonable grounds that compliance with the notice would be likely to prejudice one or more enforcement related activities conducted by or on behalf of the enforcement body.

(6) Subsection (3) is subject to section 70 but it has effect regardless of any other Commonwealth law.

(7) A person or entity is not liable to a penalty under the provisions of any other Commonwealth law because the person or entity gives information or produces a document when required to do so under subsection (3).

(8) The Commissioner may publish information relating to an assessment on the Commissioner's website.