Privacy Act 1988

PART V - INVESTIGATIONS ETC.  

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Division 3 - Enforcement of determinations  

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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:

- a determination made before the commencement of the amendment; or

- a determination made after the commencement of the amendment in respect of a representative complaint lodged before the commencement of the amendment.]

SECTION 55  

55   OBLIGATIONS OF ORGANISATIONS AND SMALL BUSINESS OPERATORS  

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If the determination applies in relation to an organisation or small business operator, the organisation or operator:

(a)    must not repeat or continue conduct that is covered by a declaration included in the determination under sub-subparagraph 52(1)(b)(i)(B) or paragraph 52(1A)(a) ; and

(b)    must take the steps that are specified in a declaration included in the determination under subparagraph 52(1)(b)(ia) or paragraph 52(1A)(b) within the specified period; and

(c)    

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must perform the act or course of conduct that is covered by a declaration included in the determination under subparagraph 52(1)(b)(ii) or paragraph 52(1A)(c) ; and

(d)    

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must prepare and publish, or otherwise communicate, a statement in accordance with a declaration included in the determination under subparagraph 52(1)(b)(iia) or paragraph 52(1A)(ba) and section 52A .

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History

S 55 substituted for s 55 by No 155 of 2000; substituted by No 197 of 2012; amended by No 83 of 2022, s 3 and Sch 1 item 35, effective 13 December 2022.

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