Privacy Legislation Amendment (Enforcement and Other Measures) Act 2022 (83 of 2022)

Schedule 1   Amendments

Privacy Act 1988

45   Application of amendments

(1) Subsection 59D(1) of the Australian Communications and Media Authority Act 2005, as amended by this Schedule, applies in relation to authorised disclosure information acquired by the ACMA before or after the commencement of this item.

(2) Subsection 29(2) of the Australian Information Commissioner Act 2010, as amended by this Schedule, applies in relation to information acquired before or after the commencement of this item.

(3) Section 13G of the Privacy Act 1988, as amended by this Schedule, does not apply in relation to an act done, or a practice engaged in, before the commencement of this item.

(4) Paragraphs 26WK(3)(c) and 26WR(4)(c) of the Privacy Act 1988, as amended by this Schedule, apply in relation to statements prepared after the commencement of this item.

(5) A notice may be given under section 26WU of the Privacy Act 1988, as added by this Schedule, in relation to an actual or suspected eligible data breach that occurred, or may have occurred, before or after the commencement of this item.

(6) Section 33A of the Privacy Act 1988, as added by this Schedule, applies in relation to the sharing of information or documents after the commencement of this item, whether the information or documents were obtained by the Commissioner before or after that commencement.

(7) Section 33B of the Privacy Act 1988, as added by this Schedule, applies in relation to the disclosure of information after the commencement of this item, whether the information was obtained by the Commissioner before or after that commencement.

(8) Section 33C of the Privacy Act 1988, as amended by this Schedule, applies in relation to:

(a) assessments started before the commencement of this item but not concluded at that commencement; and

(b) assessments started after that commencement.

(9) Section 52 of the Privacy Act 1988, as amended by this Schedule, applies in relation to:

(a) the investigation of complaints that started before the commencement of this item but not finally dealt with at that commencement; and

(b) the investigation of complaints that started after that commencement.

(10) Subsection 52(5A) of the Privacy Act 1988, as inserted by this Schedule, applies in relation to determinations made by the Commissioner before or after the commencement of this item.