Privacy Act 1988

PART VIB - COMPLIANCE AND ENFORCEMENT  

Division 1AB - Monitoring powers  

SECTION 80TB   MONITORING POWERS  

Provisions subject to monitoring

80TB(1)    
The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act:

(a)    Divisions 2 and 3 of Part VIIC of the Crimes Act 1914 (pardons, and quashed and spent convictions);

(b)    Part 2 of the Data-matching Program (Assistance and Tax) Act 1990 , or rules issued under section 12 of that Act.

Note:

Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the provisions mentioned in this subsection have been complied with. It includes powers of entry and inspection.

Information subject to monitoring

80TB(2)    
Information given in compliance, or purported compliance, with any of the following provisions is subject to monitoring under Part 2 of the Regulatory Powers Act:

(a)    subsection 26WU(3) (power to obtain information and documents relating to eligible data breaches);

(b)    subsection 33C(3) (requirement to provide information relating to an assessment);

(c)    subsection 44(1) (requirement to provide information relating to investigations).

Note:

Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.

Matters subject to monitoring

80TB(3)    
The following matters are subject to monitoring under the Regulatory Powers Act:

(a)    a matter referred to in subsection 28A(1) of this Act in relation to which the Commissioner has a monitoring related function (credit reporting and tax file number monitoring-related functions);

(b)    a matter referred to in subsection 33C(1) of this Act if the Commissioner is undertaking an assessment of the matter (assessments related to Australian Privacy Principles).

Note:

Part 2 of the Regulatory Powers Act creates a framework for monitoring the matters mentioned in this subsection. It includes powers of entry and inspection.

Authorised applicant

80TB(4)    
For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the provisions mentioned in subsection (1) , the information mentioned in subsection (2) , and the matters mentioned in subsection (3) :

(a)    the Commissioner;

(b)    a member of the staff of the Commissioner who is an SES employee, or an acting SES employee, or who holds, or is acting in, a position that is equivalent to, or higher than, a position occupied by an SES employee.

Authorised person

80TB(5)    
For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to the provisions mentioned in subsection (1) , the information mentioned in subsection (2) , and the matters mentioned in subsection (3) :

(a)    the Commissioner;

(b)    a member of the staff of the Commissioner who is authorised in writing by the Commissioner or a delegate of the Commissioner;

(c)    a consultant who is:

(i) engaged under section 24 of the Australian Information Commissioner Act 2010 in relation to performance of the functions or the exercise of the powers of the Commissioner; and

(ii) authorised in writing by the Commissioner or a delegate of the Commissioner.

Issuing officer

80TB(6)    
For the purposes of Part 2 of the Regulatory Powers Act, any judicial officer within the meaning of the Regulatory Powers Act is an issuing officer in relation to the provisions mentioned in subsection (1) , the information mentioned in subsection (2) , and the matters mentioned in subsection (3) .

Relevant chief executive

80TB(7)    
For the purposes of Part 2 of the Regulatory Powers Act, the Commissioner is the relevant chief executive in relation to the provisions mentioned in subsection (1) , the information mentioned in subsection (2) , and the matters mentioned in subsection (3) .

80TB(8)    
The relevant chief executive may, in writing, delegate the relevant chief executive ' s powers and functions under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) , the information mentioned in subsection (2) , and the matters mentioned in subsection (3) , to a person who is:

(a)    a member of the staff of the Commissioner; and

(b)    an SES employee, or an acting SES employee, or who holds, or is acting in, a position that is equivalent to, or higher than, a position occupied by an SES employee.

80TB(9)    
A person exercising powers or performing functions under a delegation under subsection (8) must comply with any directions of the relevant chief executive.

Relevant court

80TB(10)    
For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) , the information mentioned in subsection (2) , and the matters mentioned in subsection (3) :

(a)    the Federal Court of Australia;

(b)    the Federal Circuit and Family Court of Australia (Division 2).

Person assisting

80TB(11)    
An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) , the information mentioned in subsection (2) , and the matters mentioned in subsection (3) .

Extension to external Territories

80TB(12)    
Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) , the information mentioned in subsection (2) , and the matters mentioned in subsection (3) , extends to every external Territory.

Relationship with other provisions

80TB(13)    
Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) , the information mentioned in subsection (2) , and the matters mentioned in subsection (3) , is subject to section 70 of this Act.

Note:

Section 70 deals with certain documents and information not required to be disclosed.