Privacy Act 1988

PART VIB - ENFORCEMENT

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Division 3 - Injunctions

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SECTION 80W INJUNCTIONS

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Enforceable provisions

80W(1)

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The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.

Note:

Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

Authorised person

80W(2)
For the purposes of Part 7 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to the provisions mentioned in subsection (1) :

(a) the Commissioner;

(b) any other person.

Relevant court

80W(3)
For the purposes of Part 7 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;

(b)

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

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Extension to external Territories

80W(4)
Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) , extends to every external Territory.

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History

S 80W substituted by No 124 of 2017, s 3 and Sch 13 item 7, effective 6 November 2018.

No 124 of 2017, s 3 and Sch 13 items 10 - 12 contain the following application and saving provisions:

10 APPLICATION AND SAVING PROVISION - CIVIL PENALTIES
(1)
Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies under Division 1 of Part VIB of the Privacy Act 1988 , applies in relation to contraventions of civil penalty provisions occurring on or after the commencement of this Schedule.

(2)
Part VIB of the Privacy Act 1988 , as in force immediately before the commencement of this Schedule, continues to apply on and after that commencement in relation to contraventions of civil penalty provisions occurring before the commencement of this Schedule.
11 APPLICATION AND SAVING PROVISION - ENFORCEABLE UNDERTAKINGS
(1)
Part 6 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies under section 80V of the Privacy Act 1988 , applies in relation to undertakings given on or after the commencement of this Schedule.

(2)
Division 3B of Part IV of the Privacy Act 1988 , as in force immediately before the commencement of this Schedule, continues to apply on and after that commencement in relation to the following:

(a) an undertaking given before the commencement of this Schedule;

(b) an application for an order made, but not decided, under subsection 33F(1) of that Act before the commencement of this Schedule;

(c) an order made under subsection 33F(2) of that Act before, on or after the commencement of this Schedule as a result of an application made before that commencement.
12 APPLICATION AND SAVING PROVISION - INJUNCTIONS
(1)
Part 7 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies under Division 2 of Part VIB of the Privacy Act 1988 , applies in relation to contraventions occurring on or after the commencement of this Schedule.

(2)
Section 98 of the Privacy Act 1988 , as in force immediately before the commencement of this Schedule, continues to apply on and after that commencement in relation to contraventions occurring before the commencement of this Schedule.

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