Commonwealth Consolidated Acts

DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990 - SECT 12

             (1)  The matching agency and the source agencies are to comply with the interim guidelines set out in the Schedule until guidelines under subsection (2) come into force and, when those guidelines come into force, those agencies are to comply with those guidelines.

             (2)  The Privacy Commissioner must, by legislative instrument, issue guidelines relating to the matching of data under this Act on or before 30 September 1991 and thereafter may, from time to time, issue further guidelines to replace any existing guidelines.

          (2A)  In addition to the requirement that the matching agency and each source agency table a comprehensive report in both Houses of Parliament eighteen months after the commencement of the first data matching cycle (as required by Guideline 12 of the Guidelines issued by the Privacy Commissioner on 27 September 1991), the matching agency and each source agency must prepare and present for tabling in each House of the Parliament further comprehensive reports including references to all the matters identified in Guideline 12 of the Privacy Commissioner's Guidelines:

                     (a)  by the end of October 1994; and

                     (b)  by the end of October 1995.

          (2B)  After the end of each financial year, each agency must give the Privacy Commissioner and cause to be laid before each House of the Parliament a report including the matters relating to the data‑matching program carried out during the financial year:

                     (a)  that are specified in paragraphs 9(i) and 9(vi) of the guidelines issued by the Privacy Commissioner on 31 October 1994; or

                     (b)  if the guidelines described in paragraph (a) are replaced--that are specified for the purposes of this subsection in the guidelines issued by the Privacy Commissioner as in force from time to time.

          (2C)  After the 3‑year period ending on 30 June 1998, and after each successive 3‑year period, each agency must give the Minister responsible for the agency a report for presentation to the Parliament including all the details relating to the data‑matching program carried out during the period:

                     (a)  that are specified in guideline 12 of the guidelines issued by the Privacy Commissioner on 31 October 1994; or

                     (b)  if the guidelines described in paragraph (a) are replaced--that are specified for the purposes of this subsection in the guidelines issued by the Privacy Commissioner as in force from time to time.

Note:          Section 34C of the Acts Interpretation Act 1901 sets time limits for giving reports to Ministers and for presentation of reports to the Parliament.

             (3)  The Privacy Commissioner must report to the Parliament any failure to issue guidelines in accordance with subsection (2) within 15 sitting days of 30 September 1991.

             (4)  Guidelines issued under subsection (2) take effect from:

                     (a)  the first day on which the guidelines are no longer liable to be disallowed; or

                     (b)  if the guidelines make provision for their commencement after that day--in accordance with that provision.