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

Schedule 4   Other amendments of the Privacy Act 1988

94   Subsections 43(4), (5) and (6)

Repeal the subsections, substitute:

(4) The Commissioner may make a determination under section 52 in relation to an investigation under this Division without holding a hearing, if:

(a) it appears to the Commissioner that the matter to which the investigation relates can be adequately determined in the absence of:

(i) in the case of an investigation under subsection 40(1) - the complainant and respondent; or

(ii) otherwise - the person or entity that engaged in the act or practice that is being investigated; and

(b) the Commissioner is satisfied that there are no unusual circumstances that would warrant the Commissioner holding a hearing; and

(c) an application for a hearing has not been made under section 43A.