Privacy and Other Legislation Amendment Act 2024 (128 of 2024)

Schedule 1   Privacy reforms

Part 9   Federal court orders

Privacy Act 1988

59   At the end of Division 1 of Part VIB

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80UA Powers of court to make other orders

(1) The Federal Court, or the Federal Circuit and Family Court of Australia (Division 2), may make an order under this section in proceedings if, in the proceedings, the Court has determined, or will determine, under the Regulatory Powers Act that an entity has contravened a civil penalty provision of this Act (other than Part IIIA).

(2) Without limiting subsection (1), examples of orders the Court may make under this section include the following:

(a) an order directing the entity to perform any reasonable act, or carry out any reasonable course of conduct, to redress the loss or damage suffered, or likely to be suffered, by any individual as a result of the contravention;

(b) an order directing the entity to pay damages to any individual by way of compensation for any loss or damage suffered, or likely to be suffered, by any individual as a result of the contravention;

(c) an order directing the entity to engage, or not to engage, in any act or practice to avoid repeating or continuing the contravention;

(d) an order directing the entity to publish, or otherwise communicate, a statement about the contravention.

(3) The Court may make an order under subsection (1) whether or not the Court is to make, or has made, a civil penalty order under subsection 82(3) of the Regulatory Powers Act against the entity in relation to the contravention.

(4) The Court may exercise the power under subsection (1):

(a) on its own initiative, during proceedings before the Court; or

(b) on application, made within the period of 6 years of the contravention, by either of the following persons:

(i) an individual who has suffered, or is likely to suffer, loss or damage as a result of the contravention;

(ii) the Commissioner.

Recovery of compensation as a debt

(5) If the Court makes an order that the entity pay an amount to an individual, the individual may recover the amount as a debt due to the individual.