Regulatory Powers (Standardisation Reform) Act 2017 (124 of 2017)

Schedule 13   Amendment of the Privacy Act 1988

Part 1   Amendments

Privacy Act 1988

7   Part VIB

Repeal the Part, substitute:

Part VIB - Enforcement

Division 1 - Civil penalties

80U Civil penalty provisions

Enforceablecivil penalty provisions

(1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.

Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Authorised applicant

(2) For the purposes of Part 4 of the Regulatory Powers Act, the Commissioner is an authorised applicant in relation to the civil penalty provisions of this Act.

Relevant court

(3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:

(a) the Federal Court;

(b) the Federal Circuit Court.

Extension to external Territories

(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisionsof this Act, extends to every external Territory.

Division 2 - Enforceable undertakings

80V Enforceable undertakings

Enforceable provisions

(1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.

Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

Authorised person

(2) For the purposes of Part 6 of the Regulatory Powers Act, the Commissioner is an authorised person in relation to the provisions mentioned in subsection (1).

Relevant court

(3) For the purposes of Part 6 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) the Federal Circuit Court.

Enforceable undertaking may be published on the Commissioner's website

(4) The Commissioner may publish an undertaking given in relation to the provision on the Commissioner's website.

Extension to external Territories

(5) Part 6 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

Division 3 - Injunctions

80W Injunctions

Enforceable provisions

(1) The provisions of this Act are enforceableunder 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

(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

(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) the Federal Circuit Court.

Extension to external Territories

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