Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Subsection 6(1) (definition of civil penalty order )
Repeal the definition.
2 Subsection 6(1) (definition of civil penalty provision )
Repeal the definition, substitute:
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
3 Subsection 6(1)
Insert:
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
4 Subparagraph 25(1)(a)(i)
Repeal the subparagraph, substitute:
(i) a civil penalty order has been made under subsection 82(3) of the Regulatory Powers Act against the entity for a contravention of a civil penalty provision of this Act (other than section 13G); or
5 Subparagraph 25A(1)(a)(i)
Repeal the subparagraph, substitute:
(i) a civil penalty order has been made under subsection 82(3) of the Regulatory Powers Act against the entity for a contravention of a civil penalty provision of this Act (other than section 13G); or
6 Division 3B of Part IV
Repeal the Division.
7 Part VIB
Repeal the Part, substitute:
Enforceable civil 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 provisions of this Act, extends to every external Territory.
Division 2 -- 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.
Enforceable provisions
(1) The provisions of this Act are enforceable under 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 to the provisions mentioned in subsection ( 1), extends to every external Territory.
8 Section 98
Repeal the section.
9 Section 99A
After "civil penalty order" (wherever occurring), insert "under the Regulatory Powers Act (as it applies in relation to the civil penalty provisions of this Act)".
Part 2 -- Application and saving provision
10 Application and saving provision--civil penalties
(1) Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies under Division 1 of Part VIB of the Privacy Act 1988 , applies in relation to contraventions of civil penalty provisions occurring on or after the commencement of this Schedule.
(2) Part VIB of the Privacy Act 1988 , as in force immediately before the commencement of this Schedule, continues to apply on and after that commencement in relation to contraventions of civil penalty provisions occurring before the commencement of this Schedule.
11 Application and saving provision--enforceable undertakings
(1) Part 6 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies under section 80V of the Privacy Act 1988 , applies in relation to undertakings given on or after the commencement of this Schedule.
(2) Division 3B of Part IV of the Privacy Act 1988 , as in force immediately before the commencement of this Schedule, continues to apply on and after that commencement in relation to the following:
(a) an undertaking given before the commencement of this Schedule;
(b) an application for an order made, but not decided, under subsection 33F(1) of that Act before the commencement of this Schedule;
(c) an order made under subsection 33F(2) of that Act before, on or after the commencement of this Schedule as a result of an application made before that commencement.
12 Application and saving provision--injunctions
(1) Part 7 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies under Division 2 of Part VIB of the Privacy Act 1988 , applies in relation to contraventions occurring on or after the commencement of this Schedule.
(2) Section 98 of the Privacy Act 1988 , as in force immediately before the commencement of this Schedule, continues to apply on and after that commencement in relation to contraventions occurring before the commencement of this Schedule.