Privacy Act 1988

PART V - INVESTIGATIONS ETC.

Division 1 - Investigation of complaints and investigations on the Commissioner ' s initiative

SECTION 49A INVESTIGATION UNDER SECTION 40 TO CEASE IF CIVIL PENALTY PROVISION UNDER PERSONAL PROPERTY SECURITIES ACT 2009 MAY HAVE BEEN CONTRAVENED

49A(1)
If, in the course of an investigation under section 40 , the Commissioner forms the opinion that subsection 172(3) of the Personal Property Securities Act 2009 (civil penalty for searching otherwise than for authorised purposes) may have been contravened, the Commissioner must:

(a) inform the Registrar of Personal Property Securities under the Personal Property Securities Act 2009 of that opinion; and

(b) in the case of an investigation under subsection 40(1) , give a copy of the complaint to the Registrar of Personal Property Securities; and

(c) discontinue the investigation except to the extent that it concerns matters unconnected with the contravention that the Commissioner believes may have taken place.

49A(2)
The Registrar of Personal Property Securities must notify the Commissioner in writing if, after having been informed of the Commissioner's opinion under paragraph (1)(a), the Registrar decides:

(a) not to apply for an order under section 222 of the Personal Property Securities Act 2009 ; or

(b) to discontinue a proceeding that is an application for an order under section 222 of that Act.

49A(3)
Upon receiving a notice under subsection (2), the Commissioner may continue an investigation discontinued under paragraph (1)(c).

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