Privacy Act 1988

PART VIB - COMPLIANCE AND ENFORCEMENT  

Division 1AC - Investigation powers  

SECTION 80TD   INVESTIGATION POWERS  

Provisions subject to investigation

80TD(1)    
A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:

(a)    an offence provision, or a civil penalty provision, in this Act; or

(b)    any of the following:

(i) a civil penalty provision that is enforceable by the Commissioner under the Digital ID Act 2024 ;

(ii) a civil penalty provision that is enforceable by the Commissioner under the Healthcare Identifiers Act 2010 or an instrument made under that Act;

(iii) a civil penalty provision that is enforceable by the Commissioner under the My Health Records Act 2012 ;

(iv) a civil penalty provision that is enforceable by the Commissioner under Division 5 of Part IVD of the Competition and Consumer Act 2010 ; or

(c)    an offence provision of the Crimes Act 1914 or the Criminal Code , to the extent that it relates to an offence provision in this Act.

Note 1:

Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.

Note 2:

Part 3 of the Regulatory Powers Act is modified by section 80TE .

Note 3:

Subparagraph (1)(b)(iv) is subject to subsection 80TE(2) .

Authorised applicant

80TD(2)    
For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1) :

(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

80TD(3)    
For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1) :

(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

80TD(4)    
For the purposes of Part 3 of the Regulatory Powers Act, any judicial officer within the meaning of the Regulatory Powers Act is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1) .

Relevant chief executive

80TD(5)    
For the purposes of Part 3 of the Regulatory Powers Act, the Commissioner is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1) .

80TD(6)    
The relevant chief executive may, in writing, delegate the relevant chief executive ' s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1) 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.

80TD(7)    
A person exercising powers or performing functions under a delegation under subsection (6) must comply with any directions of the relevant chief executive.

Relevant court

80TD(8)    
For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) :

(a)    the Federal Court of Australia;

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

Person assisting

80TD(9)    
An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1) .

Extension to external Territories

80TD(10)    
Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) , extends to every external Territory.

Relationship with other provisions

80TD(11)    
Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) , is subject to section 70 of this Act.

Note:

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