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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Privacy
Amendment Bill 2003
No. ,
2003
(Attorney-General)
A
Bill for an Act to amend the Privacy Act 1988, and for related
purposes
Contents
Part 1—Extra-territorial application of National Privacy
Principle 9 3
Part 2—Extension of correction rights to
non-Australians 4
Part 3—Approved privacy
codes 5
Part 4—Use of government payroll
identifiers 6
A Bill for an Act to amend the Privacy Act 1988,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Privacy Amendment Act 2003.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Part 1—Extra-territorial
application of National Privacy Principle 9
1 Paragraph 5B(1)(a)
Omit “the act”, substitute “subject to
subsection (1A), the act”.
2 After subsection 5B(1)
Insert:
(1A) Paragraph (1)(a) does not apply in relation to National Privacy
Principle 9.
Note: Because of subsection (1A), the extra-territorial
application of National Privacy Principle 9 is not limited by the citizenship
etc. requirement of paragraph (1)(a).
3 Application of amendments
The amendments made by items 1 and 2 apply to acts done, or practices
engaged in, after the commencement of this Part.
Part 2—Extension
of correction rights to non-Australians
4 Subsection 41(4)
Repeal the subsection.
5 Application of amendment
The amendment made by item 4 applies to acts done, or practices
engaged in, after the commencement of this Part.
6 After section 18BA
Insert:
(1) Despite paragraph 7(1)(ee), a privacy code may be approved even if it
covers exempt acts or practices.
(2) If an approved privacy code covers exempt acts or practices, this Act
applies in relation to the code as if those acts or practices were not exempt
acts or practices.
Note: Because of subsection (2), if an approved privacy
code covers an act or practice that would usually be exempt:
(a) the act or practice, if done or engaged in by an
organisation bound by the code, may constitute an interference with the privacy
of an individual as defined in section 13A; and
(b) section 16A obliges an organisation bound by the
code not to breach the code by doing or engaging in the act or practice;
and
(c) the act or practice, if done or engaged in by an
organisation bound by the code, may be the subject of a complaint and
investigation under Part V.
Part 4—Use
of government payroll identifiers
7 Subsection 100(2)
Omit “Before the Governor-General”, substitute “Subject
to subsection (3), before the Governor-General”.
8 At the end of
section 100
Add:
(3) Subsection (2) does not apply to the making of regulations for
the purposes of paragraph 7.2(c) of the National Privacy Principles
if:
(a) the regulations prescribe an organisation, or class of organisations;
and
(b) the regulations prescribe an identifier, or class of identifiers, of a
kind commonly used in the processing of pay, or deductions from pay, of
Commonwealth officers, or a class of Commonwealth officers; and
(c) the circumstances prescribed by the regulations for the use or
disclosure by the organisation, or an organisation in the class, of the
identifier, or an identifier in the class, relate to the provision by the
organisation of superannuation services for the benefit of Commonwealth
officers; and
(d) before the regulations are made, the Minister consults the
Commissioner about the proposed regulations.
(4) In subsection (3):
superannuation services includes the management, processing,
allocation and transfer of superannuation contributions.
9 Subclause 7.2 of Schedule 3
(note)
Omit “subsection 100(2)”, substitute “subsections 100(2)
and (3)”.