Privacy Amendment (Enhancing Privacy Protection) Act 2012 (197 of 2012)

Schedule 1   Australian Privacy Principles

Privacy Act 1988

102   Subsections 100(2) to (4)

Repeal the subsections, substitute:

(2) Before the Governor-General makes regulations for the purposes of Australian Privacy Principle 9.3 prescribing a government related identifier, an organisation or a class of organisations, and circumstances, the Minister must be satisfied that:

(a) the relevant agency or State or Territory authority or, if the relevant agency or State or Territory authority has a principal executive, the principal executive:

(i) has agreed that the adoption, use or disclosure of the identifier by the organisation, or the class of organisations, in the circumstances is appropriate; and

(ii) has consulted the Commissioner about that adoption, use or disclosure; and

(b) the adoption, use or disclosure of the identifier by the organisation, or the class of organisations, in the circumstances can only be for the benefit of the individual to whom the identifier relates.

(3) Subsection (2) does not apply to the making of regulations for the purposes of Australian Privacy Principle 9.3 that relate to the use or disclosure of a government related identifier by an organisation, or a class of organisations, in particular circumstances if:

(a) the identifier is a kind commonly used in the processing of pay, or deductions from pay, of Commonwealth officers, or a class of Commonwealth officers; and

(b) the circumstances of the use or disclosure of the identifier relate to the provision by:

(i) the organisation; or

(ii) the class of organisations;

of superannuation services (including the management, processing, allocation and transfer of superannuation contributions) for the benefit of Commonwealth officers or the class of Commonwealth officers; and

(c) before the regulations are made, the Minister consults the Commissioner about the proposed regulations.