PRIVACY ACT 1988

This compilation was prepared on 16 October 2009
taking into account amendments up to Act No. 102 of 2009

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General's Department, Canberra

Contents

Part I--Preliminary 1

1............ Short title [see Note 1] ....................................................................... 1

2............ Commencement [see Note 1] .............................................................. 1

3............ Saving of certain State and Territory laws .......................................... 1

3A......... Application of the Criminal Code ...................................................... 2

4............ Act to bind the Crown ........................................................................ 2

5............ Interpretation of Information Privacy Principles ............................... 2

5A......... Extension to external Territories ......................................................... 2

5B......... Extra‑territorial operation of Act ........................................................ 3

Part II--Interpretation 5

6............ Interpretation ...................................................................................... 5

6A......... Breach of a National Privacy Principle ............................................. 21

6B......... Breach of an approved privacy code ................................................ 22

6C......... Organisations .................................................................................... 23

6D......... Small business and small business operators .................................... 25

6DA...... What is the annual turnover of a business? ..................................... 27

6E.......... Small business operator treated as organisation ............................... 28

6EA....... Small business operators choosing to be treated as organisations .... 30

6F.......... State instrumentalities etc. treated as organisations ......................... 31

7............ Acts and practices of agencies, organisations etc. ............................ 32

7A......... Acts of certain agencies treated as acts of organisation .................... 36

7B......... Exempt acts and exempt practices of organisations ......................... 36

7C......... Political acts and practices are exempt ............................................. 38

8............ Acts and practices of, and disclosure of information to, staff of agency, organisation etc. 40

9............ Collectors .......................................................................................... 41

10.......... Record‑keepers ................................................................................. 42

11.......... File number recipients ...................................................................... 43

11A....... Credit reporting agencies .................................................................. 44

11B....... Credit providers ................................................................................ 44

12.......... Application of Information Privacy Principles to agency in possession 47

12A....... Act not to apply in relation to State banking or insurance within that State 47

12B....... Severability: additional effect of Act in relation to organisations ..... 48

Part III--Information privacy 50

Division 1--Interferences with privacy 50

13.......... Interferences with privacy ................................................................ 50

13A....... Interferences with privacy by organisations .................................... 51

13B....... Related bodies corporate .................................................................. 52

13C....... Change in partnership because of change in partners ....................... 53

13D....... Overseas act required by foreign law ................................................ 54

13E........ Effect on section 13 of sections 13B, 13C and 13D ......................... 54

13F........ Act or practice not covered by section 13 or section 13A is not an interference with privacy 54

Division 2--Information Privacy Principles 55

14.......... Information Privacy Principles ......................................................... 55

15.......... Application of Information Privacy Principles ................................ 61

16.......... Agencies to comply with Information Privacy Principles ............... 61

Division 3--Approved privacy codes and the National Privacy Principles 62

16A....... Organisations to comply with approved privacy codes or National Privacy Principles 62

16B....... Personal information in records ........................................................ 62

16C....... Application of National Privacy Principles ..................................... 63

16D....... Delayed application of National Privacy Principles to small business 63

16E........ Personal, family or household affairs ............................................... 64

16F........ Information under Commonwealth contract not to be used for direct marketing 65

Division 4--Tax file number information 66

17.......... Guidelines relating to tax file number information ............................ 66

18.......... File number recipients to comply with guidelines ............................ 66

Division 5--Credit information 67

18A....... Code of Conduct relating to credit information files and credit reports 67

18B....... Credit reporting agencies and credit providers to comply with Code of Conduct 67

Part IIIAA--Privacy codes 68

18BA.... Application for approval of privacy code ........................................ 68

18BAA. Privacy codes may cover exempt acts or practices .......................... 68

18BB..... Commissioner may approve privacy code ....................................... 68

18BC..... When approval takes effect .............................................................. 71

18BD.... Varying an approved privacy code ................................................... 71

18BE..... Revoking the approval of an approved privacy code ....................... 72

18BF..... Guidelines about privacy codes ........................................................ 72

18BG.... Register of approved privacy codes ................................................. 73

18BH.... Review of operation of approved privacy code ............................... 73

18BI...... Review of adjudicator's decision under approved privacy code ...... 74

Part IIIA--Credit reporting 75

18C....... Certain credit reporting only to be undertaken by corporations ...... 75

18D....... Personal information not to be given to certain persons carrying on credit reporting 75

18E........ Permitted contents of credit information files .................................. 76

18F........ Deletion of information from credit information files ...................... 79

18G....... Accuracy and security of credit information files and credit reports 81

18H....... Access to credit information files and credit reports ........................ 82

18J........ Alteration of credit information files and credit reports ................... 82

18K....... Limits on disclosure of personal information by credit reporting agencies 83

18L........ Limits on use by credit providers of personal information contained in credit reports etc. 87

18M...... Information to be given if an individual's application for credit is refused 90

18N....... Limits on disclosure by credit providers of personal information contained in reports relating to credit worthiness etc. .......................................................................................................... 91

18NA.... Disclosure by credit providers to certain persons who gave indemnities 99

18P........ Limits on use or disclosure by mortgage insurers or trade insurers of personal information contained in credit reports .......................................................................................................... 99

18Q....... Limits on use by certain persons of personal information obtained from credit providers 101

18R....... False or misleading credit reports ................................................... 103

18S........ Unauthorised access to credit information files or credit reports ... 104

18T....... Obtaining access to credit information files or credit reports by false pretences 104

18U....... Application of section 4B of Crimes Act ....................................... 104

18V....... Application of this Part .................................................................. 105

Part IV--Office of the Privacy Commissioner 106

Division 1--Office of the Privacy Commissioner 106

19.......... Establishment of the Office of the Privacy Commissioner ............ 106

19A....... Privacy Commissioner .................................................................... 106

20.......... Terms and conditions of appointment ........................................... 106

21.......... Remuneration of Commissioner ..................................................... 106

22.......... Leave of absence ............................................................................. 107

23.......... Outside employment ...................................................................... 107

24.......... Resignation ..................................................................................... 107

25.......... Termination of appointment .......................................................... 107

26.......... Acting Commissioner ..................................................................... 108

26A....... Staff and consultants ...................................................................... 108

Division 2--Functions of Commissioner 109

27.......... Functions of Commissioner in relation to interferences with privacy 109

28.......... Functions of Commissioner in relation to tax file numbers ............ 112

28A....... Functions of Commissioner in relation to credit reporting ............. 113

29.......... Commissioner to have regard to certain matters ............................. 114

Division 3--Reports by Commissioner 116

30.......... Reports following investigation of act or practice .......................... 116

31.......... Report following examination of proposed enactment ................... 118

32.......... Report following monitoring of certain activities ........................... 118

33.......... Exclusion of certain matters from reports ...................................... 119

Division 4--Miscellaneous 121

34.......... Provisions relating to documents exempt under the Freedom of Information Act 1982 121

35.......... Direction where refusal or failure to amend exempt document ...... 121

Part V--Investigations 123

Division 1--Investigation of complaints and investigations on the Commissioner's initiative 123

36.......... Complaints ..................................................................................... 123

37.......... Principal executive of agency .......................................................... 124

38.......... Conditions for making a representative complaint ......................... 125

38A....... Commissioner may determine that a complaint is not to continue as a representative complaint 126

38B....... Additional rules applying to the determination of representative complaints 127

38C....... Amendment of representative complaints ...................................... 127

39.......... Class member for representative complaint not entitled to lodge individual complaint 127

40.......... Investigations .................................................................................. 127

40A....... Referring complaint about act under Commonwealth contract ...... 128

41.......... Circumstances in which Commissioner may decide not to investigate or may defer investigation 129

42.......... Preliminary inquiries ....................................................................... 130

43.......... Conduct of investigations ............................................................... 130

44.......... Power to obtain information and documents .................................. 132

45.......... Power to examine witnesses ........................................................... 133

46.......... Directions to persons to attend compulsory conference ................ 133

47.......... Conduct of compulsory conference ................................................ 134

48.......... Complainant and certain other persons to be informed of various matters 135

49.......... Investigation under section 40 to cease if certain offences may have been committed 135

50.......... Reference of matters to other authorities ....................................... 136

50A....... Substitution of respondent to complaint ........................................ 138

51.......... Effect of investigation by Auditor‑General .................................... 139

Division 2--Determinations following investigation of complaints 140

52.......... Determination of the Commissioner ............................................... 140

53.......... Determination must identify the class members who are to be affected by the determination 142

53A....... Notice to be given to outsourcing agency ....................................... 142

53B....... Substituting respondent to determination ...................................... 143

Division 3--Enforcement 144

54.......... Application of Division .................................................................. 144

55.......... Obligations of respondent organisation .......................................... 144

55A....... Proceedings in the Federal Court or Federal Magistrates Court to enforce a determination 145

55B....... Evidentiary certificate ..................................................................... 146

Division 4--Review and enforcement of determinations involving Commonwealth agencies 148

57.......... Application of Division .................................................................. 148

58.......... Obligations of respondent agency .................................................. 148

59.......... Obligations of principal executive of agency .................................. 148

60.......... Compensation and expenses ........................................................... 149

61.......... Review of determinations regarding compensation and expenses .. 149

62.......... Enforcement of determination against an agency ............................ 149

Division 5--Miscellaneous 151

63.......... Legal assistance ............................................................................... 151

64.......... Commissioner etc. not to be sued ................................................... 152

65.......... Failure to attend etc. before Commissioner .................................... 152

66.......... Failure to give information etc. ....................................................... 153

67.......... Protection from civil actions ........................................................... 156

68.......... Power to enter premises ................................................................. 156

68A....... Identity cards .................................................................................. 158

69.......... Restrictions on Commissioner obtaining personal information and documents 158

70.......... Certain documents and information not required to be disclosed ... 160

70A....... Application of Part to organisations that are not legal persons ..... 161

70B....... Application of this Part to former organisations ............................ 162

Part VI--Public interest determinations and temporary public interest determinations 163

Division 1--Public interest determinations 163

71.......... Interpretation .................................................................................. 163

72.......... Power to make, and effect of, determinations ................................ 163

73.......... Application by agency or organisation ........................................... 164

74.......... Publication of application ............................................................... 165

75.......... Draft determination ........................................................................ 165

76.......... Conference ...................................................................................... 166

77.......... Conduct of conference .................................................................... 166

78.......... Determination of application .......................................................... 167

79.......... Making of determination ................................................................ 167

80.......... Determinations disallowable ........................................................... 167

Division 2--Temporary public interest determinations 168

80A....... Temporary public interest determinations ..................................... 168

80B....... Effect of temporary public interest determination ......................... 168

80C....... Determinations disallowable ........................................................... 169

80D....... Commissioner may continue to consider application ..................... 169

Division 3--Register of determinations 170

80E........ Register of determinations .............................................................. 170

Part VIA--Dealing with personal information in emergencies and disasters 171

Division 1--Object and interpretation 171

80F........ Object ............................................................................................. 171

80G....... Interpretation .................................................................................. 171

80H....... Meaning of permitted purpose ........................................................ 172

Division 2--Declaration of emergency 173

80J........ Declaration of emergency--events of national significance ............ 173

80K....... Declaration of emergency--events outside Australia ..................... 173

80L........ Form of declarations ....................................................................... 174

80M...... When declarations take effect ......................................................... 174

80N....... When declarations cease to have effect ........................................... 174

Division 3--Provisions dealing with the use and disclosure of personal information 175

80P........ Authorisation of collection, use and disclosure of personal information 175

Division 4--Other matters 178

80Q....... Disclosure of information--offence ............................................... 178

80R....... Operation of Part ............................................................................ 179

80S........ Severability--additional effect of Part ........................................... 179

80T....... Compensation for acquisition of property--constitutional safety net 180

Part VII--Privacy Advisory Committee 182

81.......... Interpretation .................................................................................. 182

82.......... Establishment and membership ...................................................... 182

83.......... Functions ........................................................................................ 183

84.......... Leave of absence ............................................................................. 183

85.......... Removal and resignation of members ............................................. 184

86.......... Disclosure of interests of members ................................................ 184

87.......... Meetings of Advisory Committee .................................................. 184

88.......... Travel allowance ............................................................................. 185

Part VIII--Obligations of confidence 186

89.......... Obligations of confidence to which Part applies ............................ 186

90.......... Application of Part ......................................................................... 186

91.......... Effect of Part on other laws ............................................................ 186

92.......... Extension of certain obligations of confidence ................................ 187

93.......... Relief for breach etc. of certain obligations of confidence .............. 187

94.......... Jurisdiction of courts ...................................................................... 187

Part IX--Miscellaneous 188

95.......... Medical research guidelines ............................................................ 188

95A....... Guidelines for National Privacy Principles about health information 188

95AA.... Guidelines for National Privacy Principles about genetic information 190

95B....... Requirements for Commonwealth contracts .................................. 190

95C....... Disclosure of certain provisions of Commonwealth contracts ....... 191

96.......... Non‑disclosure of private information ........................................... 191

97.......... Annual report ................................................................................. 193

98.......... Injunctions ...................................................................................... 193

99.......... Delegation ....................................................................................... 195

99A....... Conduct of directors, employees and agents .................................. 195

100........ Regulations ..................................................................................... 197

Part X--Amendments of other Acts 199

101........ Amendments of other Acts ............................................................ 199

Schedule 1--Amendments of other Acts 200

Schedule 2--Interim guidelines concerning the collection, storage, use and security of tax file number information 201

Introduction ................................................................................................... 201

1............ General ............................................................................................ 201

2............ Collection of tax file number information ....................................... 202

3............ Storage and security of tax file number information ....................... 202

4............ Use and disclosure of tax file number information ......................... 203

5............ Publicity ......................................................................................... 203

6............ Cessation of employment and investment ..................................... 204

7............ Meaning of terms in interim guidelines ........................................... 204

Schedule 3--National Privacy Principles 205

1............ Collection ........................................................................................ 205

2............ Use and disclosure .......................................................................... 206

3............ Data quality .................................................................................... 210

4............ Data security .................................................................................. 211

5............ Openness ........................................................................................ 211

6............ Access and correction ..................................................................... 211

7............ Identifiers ........................................................................................ 213

8............ Anonymity ..................................................................................... 214

9............ Transborder data flows ................................................................... 214

10.......... Sensitive information ...................................................................... 215

Notes 219

An Act to make provision to protect the privacy of individuals, and for related purposes

WHEREAS Australia is a party to the International Covenant on Civil and Political Rights, the English text of which is set out in Schedule 2 to the Australian Human Rights Commission Act 1986:

AND WHEREAS, by that Covenant, Australia has undertaken to adopt such legislative measures as may be necessary to give effect to the right of persons not to be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence:

AND WHEREAS Australia is a member of the Organisation for Economic Co‑operation and Development:

AND WHEREAS the Council of that Organisation has recommended that member countries take into account in their domestic legislation the principles concerning the protection of privacy and individual liberties set forth in Guidelines annexed to the recommendation:

AND WHEREAS Australia has informed that Organisation that it will participate in the recommendation concerning those Guidelines:

BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Notes to the Privacy Act 1988

Note 1

The Privacy Act 1988 as shown in this compilation comprises Act No. 119, 1988 amended as indicated in the Tables below.

The Privacy Act 1988 was modified by the Australian Capital Territory Government Service (Consequential Provisions) Act 1994 (No. 92, 1994) as amended by the Employment Services (Consequential Amendments) Act 1994 (No. 177, 1994). The modifications are not incorporated in this compilation.

For application, saving or transitional provisions made by the Corporations (Repeals, Consequentials and Transitionals) Act 2001, see Act No. 55, 2001.

All relevant information pertaining to application, saving or transitional provisions prior to 18 June 1997 is not included in this compilation. For subsequent information see Table A.

The Privacy Act 1988 was modified by the Banking (State Bank of South Australia and Other Matters) Act 1994 (No. 69, 1994) see Table B.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Privacy Act 1988	119, 1988	14 Dec 1988	1 Jan 1989 (see Gazette 1988, No. S399)
Law and Justice Legislation Amendment Act 1989	11, 1990	17 Jan 1990	Part 1 (ss. 1, 2) and Part 3 (ss. 6, 7): Royal Assent Ss. 8-10: 17 July 1990 Ss. 12, 13 and 51(1)(b), (2): 17 Jan 1990 (see s. 2(5)) Remainder: 14 Feb 1990		--
Defence Legislation Amendment Act 1990	75, 1990	22 Oct 1990	S. 5: Royal Assent (a)		--
Privacy Amendment Act 1990	116, 1990	24 Dec 1990	24 Sept 1991		S. 25 (ad. by 136, 1991, s. 21)
as amended by
Law and Justice Legislation Amendment Act 1991	136, 1991	12 Sept 1991	Part 4 (s. 21): 24 Sept 1991 (b)		--
Law and Justice Legislation Amendment Act (No. 3) 1992	165, 1992	11 Dec 1992	S. 4: (c)		--
Data‑matching Program (Assistance and Tax) Act 1990	20, 1991	23 Jan 1991	23 Jan 1991		--
Crimes Legislation Amendment Act 1991	28, 1991	4 Mar 1991	S. 74(1): Royal Assent (d)		--
Industrial Relations Legislation Amendment Act 1991	122, 1991	27 June 1991	Ss. 4(1), 10(b) and 15-20: 1 Dec 1988 Ss. 28(b)-(e), 30 and 31: 10 Dec 1991 (see Gazette 1991, No. S332) Remainder: Royal Assent		S. 31(2)
Law and Justice Legislation Amendment Act 1991	136, 1991	12 Sept 1991	Part 3 (ss. 10-20): (e)		--
Social Security Legislation Amendment Act (No. 4) 1991	194, 1991	13 Dec 1991	Schedule 5 (Part 2): (f)		--
Law and Justice Legislation Amendment Act (No. 4) 1992	143, 1992	7 Dec 1992	7 Dec 1992		--
National Health Amendment Act 1993	28, 1993	9 June 1993	9 June 1993		--
Law and Justice Legislation Amendment Act 1993	13, 1994	18 Jan 1994	S. 22: 13 Jan 1993 Part 6 (ss. 27-41): 11 Apr 1994 (see Gazette 1994, No. S126) Remainder: Royal Assent		S. 16
Law and Justice Legislation Amendment Act 1994	84, 1994	23 June 1994	S. 71: Royal Assent (g)		--
Australian Capital Territory Government Service (Consequential Provisions) Act 1994	92, 1994	29 June 1994	1 July 1994 (see Gazette 1994, No. S256)		--
Employment Services (Consequential Amendments) Act 1994	177, 1994	19 Dec 1994	Ss. 1, 2(1), (3) and Part 2 (ss. 3-8): 19 Dec 1994 (see s. 2(1)) S. 2(2) and Div. 4 of Part 6 (ss. 32-39): Royal Assent Remainder: 1 Jan 1995 (see s. 2(3) and Gazette 1994, No. S472)		S. 19
Human Rights Legislation Amendment Act 1995	59, 1995	28 June 1995	Schedule (item 25): 30 Oct 1992 Remainder: Royal Assent		Ss. 4 and 5
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Schedule 4 (item 122): Royal Assent (h)		--
Law and Justice Legislation Amendment Act 1997	34, 1997	17 Apr 1997	Schedule 13: Royal Assent (i)		--
Hearing Services and AGHS Reform Act 1997	82, 1997	18 June 1997	Schedule 4 (items 1, 2, 4-12): Royal Assent (j) Schedule 4 (item 3): (j)		Sch. 4 (item 12) [see Table A]
as amended by
Statute Law Revision Act 2005	100, 2005	6 July 2005	Schedule 2 (item 20): (ja)		--
Statute Law Revision Act 2006	9, 2006	23 Mar 2006	Schedule 2 (item 19): (see 9, 2006 below)		--
Financial Sector Reform (Consequential Amendments) Act 1998	48, 1998	29 June 1998	Schedule 1 (item 133): 1 July 1998 (see Gazette 1998, No. S316) (k)		--
Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999	44, 1999	17 June 1999	Schedule 7 (items 126-128): (l)		--
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (items 738-747): 5 Dec 1999 (see Gazette 1999, No. S584) (m)		--
Australian Security Intelligence Organisation Legislation Amendment Act 1999	161, 1999	10 Dec 1999	Schedule 3 (items 1, 49): (n)		--
Privacy Amendment (Office of the Privacy Commissioner) Act 2000	2, 2000	29 Feb 2000	1 July 2000 (see Gazette 2000, No. S229)		Sch. 1 (item 15) (am. by 70, 2009, Sch. 3 [items 58, 59]) [see Table A]
as amended by
Disability Discrimination and Other Human Rights Legislation Amendment Act 2009	70, 2009	8 July 2009	Schedule 3 (items 58, 59): 5 Aug 2009		--
Australian Federal Police Legislation Amendment Act 2000	9, 2000	7 Mar 2000	2 July 2000 (see Gazette 2000, No. S328)		Sch. 3 (items 20, 29, 34, 35) [see Table A]
Privacy Amendment (Private Sector) Act 2000	155, 2000	21 Dec 2000	Schedule 3: Royal Assent Remainder: 21 Dec 2001		Sch. 1 (items 37, 53, 57, 76, 100, 124, 130) and Sch. 3 (item 4) [see Table A]
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001	24, 2001	6 Apr 2001	S. 4(1), (2) and Schedule 40 (items 1-9, 11-13): (o) Schedule 40 (item 10): (o)		S. 4(1) and (2) [see Table A]
Corporations (Repeals, Consequentials and Transitionals) Act 2001	55, 2001	28 June 2001	Ss. 4-14 and Schedule 3 (item 437): 15 July 2001 (see Gazette 2001, No. S285) (p) Schedule 3 (item 438): (p)		S. 2(8) (am. by 116, 2003, Sch. 4 [item 1]) Ss. 4-14 [see Note 1]
as amended by
Financial Sector Legislation Amendment Act (No. 1) 2003	116, 2003	27 Nov 2003	Schedule 4 (item 1): (q)		--
National Crime Authority Legislation Amendment Act 2001	135, 2001	1 Oct 2001	Schedules 1-7 and 9-12: 12 Oct 2001 (see Gazette 2001, No. S428) Schedule 8: 13 Oct 2001 (see Gazette 2001, No. S428) Remainder: Royal Assent		--
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001	159, 2001	1 Oct 2001	29 Oct 2001		Sch. 1 (item 97) [see Table A]
Australian Crime Commission Establishment Act 2002	125, 2002	10 Dec 2002	Schedule 2 (items 99-106): 1 Jan 2003		--
Defence Legislation Amendment Act 2003	135, 2003	17 Dec 2003	Schedule 2 (item 39): 17 June 2004		--
Privacy Amendment Act 2004	49, 2004	21 Apr 2004	21 Apr 2004		Sch. 1 (items 3, 5) [see Table A]
as amended by
Statute Law Revision Act 2006	9, 2006	23 Mar 2006	Schedule 2 (item 21): (see 9, 2006 below)		--
Administrative Appeals Tribunal Amendment Act 2005	38, 2005	1 Apr 2005	Schedule 1 (item 229): 16 May 2005		--
Statute Law Revision Act 2005	100, 2005	6 July 2005	Schedule 1 (item 38): Royal Assent		--
Intelligence Services Legislation Amendment Act 2005	128, 2005	4 Nov 2005	Schedules 1-8: 2 Dec 2005 Remainder: Royal Assent		--
Statute Law Revision Act 2006	9, 2006	23 Mar 2006	Schedule 1 (item 21) and Schedule 2 (items 19, 21): (r)		--
Postal Industry Ombudsman Act 2006	25, 2006	6 Apr 2006	Schedule 1 (items 17-19, 20(2)): 6 Oct 2006		Sch. 1 (item 20(2)) [see Table A]
as amended by
Statute Law Revision Act 2008	73, 2008	3 July 2008	Schedule 2 (item 24): (s)		--
National Health and Medical Research Council Amendment Act 2006	50, 2006	9 June 2006	Schedule 1: 1 July 2006 Remainder: Royal Assent		--
Law Enforcement Integrity Commissioner (Consequential Amendments) Act 2006	86, 2006	30 June 2006	Schedule 1 (items 48-53): 30 Dec 2006 (see s. 2(1))		--
Privacy Legislation Amendment Act 2006	99, 2006	14 Sept 2006	14 Sept 2006		--
Privacy Legislation Amendment (Emergencies and Disasters) Act 2006	148, 2006	6 Dec 2006	7 Dec 2006		--
Anti‑Money Laundering and Counter‑Terrorism Financing (Transitional Provisions and Consequential Amendments) Act 2006	170, 2006	12 Dec 2006	Schedule 1 (item 152): 13 Dec 2006 (see s. 2(1))		--
Quarantine Amendment (Commission of Inquiry) Act 2007	158, 2007	24 Sept 2007	24 Sept 2007		--
Archives Amendment Act 2008	113, 2008	31 Oct 2008	1 Nov 2008		--
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008	144, 2008	9 Dec 2008	Schedule 13: 1 July 2009		--
Customs Legislation Amendment (Name Change) Act 2009	33, 2009	22 May 2009	Schedule 2 (item 46): 23 May 2009		--
Fair Work (State Referral and Consequential and Other Amendments) Act 2009	54, 2009	25 June 2009	Schedule 16 (items 1-3): (t)		--
Disability Discrimination and Other Human Rights Legislation Amendment Act 2009	70, 2009	8 July 2009	Schedule 3 (items 47-57): 5 Aug 2009		--
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Act 2009	102, 2009	8 Oct 2009	Schedule 1 (items 62M, 62N): 9 Oct 2009		--

(a) The Privacy Act 1988 was amended by section 5 only of the Defence Legislation Amendment Act 1990, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(b) The Privacy Amendment Act 1990 was amended by Part 4 (section 21) only of the Law and Justice Legislation Amendment Act 1991, subsection 2(3) of which provides as follows:

(3) Part 4 commences on 24 September 1991.

(c) The Privacy Amendment Act 1990 was amended by section 4 only of the Law and Justice Legislation Amendment Act (No. 3) 1992, subsection 2(6) of which provides as follows:

(6) The amendment of the Privacy Amendment Act 1990 made by this Act is taken to have commenced immediately after the commencement of section 18 of that Act.

Section 18 commenced on 24 September 1991.

(d) The Privacy Act 1988 was amended by subsection 74(1) only of the Crimes Legislation Amendment Act 1991, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(e) The Privacy Act 1988 was amended by Part 3 (sections 10-20) only of the Law and Justice Legislation Amendment Act 1991, subsection 2(2) of which provides as follows:

(2) Part 3 commences immediately after the commencement of the Privacy Amendment Act 1990.

The Privacy Amendment Act 1990 came into operation on 24 September 1991.

(f) The Privacy Act 1988 was amended by Schedule 5 (Part 2) only of the Social Security Legislation Amendment Act (No. 4) 1991, subsection 2(13) of which provides as follows:

(13) Part 2 of Schedule 5 is taken to have commenced immediately after the commencement of the Data‑matching Program (Assistance and Tax) Act 1990.

The Data‑matching Program (Assistance and Tax) Act 1990 came into operation on 23 January 1991.

(g) The Privacy Act 1988 was amended by section 71 only of the Law and Justice Legislation Amendment Act 1994, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(h) The Privacy Act 1988 was amended by Schedule 4 (item 122) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:

(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(i) The Privacy Act 1988 was amended by Schedule 13 only of the Law and Justice Legislation Amendment Act 1997, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(j) The Privacy Act 1988 was amended by Schedule 4 (items 1-12) only of the Hearing Services and AGHS Reform Act 1997, subsections 2(1) and (3) of which provide as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(3) If Schedule 2 to the Reform of Employment Services (Consequential Provisions) Act 1997 does not commence before the day on which this Act receives the Royal Assent, the amendment of the definition of eligible employment services provider in subsection 6(1) of the Privacy Act 1988 made by this Act commences immediately after the commencement of Schedule 2 to the Reform of Employment Services (Consequential Provisions) Act 1997.

The Reform of Employment Services (Consequential Provisions) Bill was never enacted. Therefore this amendment does not commence.

(ja) Subsection 2(1) (item 38) of the Statute Law Revision Act 2005 provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
38. Schedule 2, item 20	Immediately after the time specified in the Hearing Services and AGHS Reform Act 1997 for the commencement of item 6 of Schedule 4 to that Act.	18 June 1997

(k) The Privacy Act 1988 was amended by Schedule 1 (item 133) only of the Financial Sector Reform (Consequential Amendments) Act 1998, subsection 2(2) of which provides as follows:

(2) Subject to subsections (3) to (14), Schedules 1, 2 and 3 commence on the commencement of the Australian Prudential Regulation Authority Act 1998.

(l) The Privacy Act 1988 was amended by Schedule 7 (items 126-128) only of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999, subsections 3(2)(e) and (16) of which provide as follows:

(2) The following provisions commence on the transfer date:

(e) subject to subsection (12), Schedule 7, other than items 43, 44, 118, 205 and 207 (the commencement of those items is covered by subsections (10), (11) and (13)).

(16) The Governor‑General may, by Proclamation published in the Gazette, specify the date that is to be the transfer date for the purposes of this Act.

The transfer date was 1 July 1999 (see Gazette 1999, No. S283).

(m) The Privacy Act 1988 was amended by Schedule 1 (items 738-747) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

(2) Subject to this section, this Act commences at the commencing time.

(n) The Privacy Act 1988 was amended by Schedule 3 (items 1 and 49) only of the Australian Security Intelligence Organisation Legislation Amendment Act 1999, subsection 2(2) of which provides as follows:

(2) Subject to subsections (3) to (6), Schedule 3 commences immediately after the commencement of the other Schedules to this Act.

The other Schedules commenced on Royal Assent.

(o) The Privacy Act 1988 was amended by Schedule 40 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsections 2(1)(a) and (7) of which provide as follows:

(1) Subject to this section, this Act commences at the later of the following times:

(a) immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;

(7) If item 106 of Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 has not commenced before the commencement of section 1 of this Act, item 10 of Schedule 40 to this Act commences immediately after the commencement of the first‑mentioned item.

Schedule 1 (item 15) commenced on 24 May 2001.

Schedule 1 (item 106) commenced on 21 December 2001.

(p) The Privacy Act 1988 was amended by Schedule 3 (items 437 and 438) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsections 2(3) and (8) of which provide as follows:

(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001.

(8) Item 438 of Schedule 3 commences at the same time as item 35 of Schedule 1 to the Privacy Amendment (Private Sector) Act 2000 commences.

(q) Subsection 2(1) (item 5) of the Financial Sector Legislation Amendment Act (No. 1) 2003 provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

Provision(s)	Commencement	Date/Details
5. Schedule 4, item 1	Immediately after the time specified in the Corporations (Repeals, Consequentials and Transitionals) Act 2001 for the commencement of subsection 2(8) of that Act	15 July 2001

(r) Subsection 2(1) (items 13, 34 and 36) of the Statute Law Revision Act 2006 provides as follows:

Provision(s)	Commencement	Date/Details
13. Schedule 1, item 21	Immediately after the commencement of Schedule 1 to the Privacy Amendment (Private Sector) Act 2000.	21 December 2001
34. Schedule 2, item 19	Immediately after the time specified in the Hearing Services and AGHS Reform Act 1997 for the commencement of item 6 of Schedule 4 to that Act.	18 June 1997
36. Schedule 2, item 21	Immediately after the time specified in the Privacy Amendment Act 2004 for the commencement of item 11 of Schedule 1 to that Act.	21 April 2004

(s) Subsection 2(1) (item 59) of the Statute Law Revision Act 2008 provides as follows:

Provision(s)	Commencement	Date/Details
59. Schedule 2, item 24	Immediately after the time specified in the Postal Industry Ombudsman Act 2006 for the commencement of item 18 of Schedule 1 to that Act.	6 October 2006

(t) Subsection 2(1) (item 39) of the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 provides as follows:

Provision(s)	Commencement	Date/Details
39. Schedule 16	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Preamble.............................	am. No. 70, 2009
Part I
S. 3......................................	am. No. 116, 1990; No. 155, 2000
Note to s. 3..........................	ad. No. 155, 2000
S. 3A...................................	ad. No. 24, 2001
S. 4......................................	am. No. 92, 1994
S. 5A...................................	ad. No. 116, 1990
S. 5B...................................	ad. No. 155, 2000
	am. No. 49, 2004
Part II
S. 6......................................	am. Nos. 11 and 116, 1990; Nos. 28 and 136, 1991; No. 143, 1992; Nos. 13, 92 and 177, 1994; Nos. 34 and 82, 1997; No. 48, 1998; Nos. 44, 146 and 161, 1999; No. 155, 2000; No. 55, 2001; No. 125, 2002; No. 135, 2003; No. 100, 2005; Nos. 86 and 99, 2006; No. 158, 2007; Nos. 113 and 144, 2008; Nos. 33, 54 and 102, 2009
Subhead. to s. 6A(3)..........	am. No. 113, 2008
S. 6A...................................	ad. No. 155, 2000
	am. No. 113, 2008
Subhead. to s. 6B(3)...........	am. No. 113, 2008
S. 6B...................................	ad. No. 155, 2000
	am. No. 113, 2008
Ss. 6C, 6D...........................	ad. No. 155, 2000
S. 6DA.................................	ad. No. 155, 2000
Subhead. to s. 6E(3)...........	rs. No. 54, 2009
S. 6E....................................	ad. No. 155, 2000
	am. No. 170, 2006; No. 54, 2009
S. 6EA.................................	ad. No. 155, 2000
S. 6F....................................	ad. No. 155, 2000
Heading to s. 7....................	am. No. 155, 2000
S. 7......................................	am. Nos. 75 and 116, 1990; Nos. 13, 84, 92 and 177, 1994; No. 82, 1997 (as am. by No. 100, 2005 and No. 9, 2006); No. 155, 2000; No. 125, 2002; No. 128, 2005; No. 86, 2006; No. 158, 2007; No. 102, 2009
Ss. 7A-7C...........................	ad. No. 155, 2000
Heading to s. 8....................	am. No. 155, 2000
S. 8......................................	am. No. 116, 1990; No. 28, 1991; No. 155, 2000
S. 9......................................	am. No. 28, 1991
S. 10....................................	am. No. 28, 1991; No. 113, 2008
S. 11....................................	am. No. 28, 1991
S. 11A.................................	ad. No. 116, 1990
S. 11B.................................	ad. No. 116, 1990
	am. No. 136, 1991; No. 143, 1992; No. 34, 1997; No. 44, 1999
S. 12A.................................	ad. No. 116, 1990
S. 12B.................................	ad. No. 155, 2000
Part III
Division 1
Heading to Div. 1 of Part III..	ad. No. 155, 2000
S. 13....................................	am. No. 116, 1990; Nos. 20 and 194, 1991; No. 28, 1993; No. 155, 2000
Ss. 13A-13F.......................	ad. No. 155, 2000
Division 2
Heading to Div. 2 of Part III..	ad. No. 155, 2000
Division 3
Div. 3 of Part III....................	ad. No. 155, 2000
Ss. 16A-16F.......................	ad. No. 155, 2000
Division 4
Heading to Div. 4 of Part III..	ad. No. 155, 2000
S. 17....................................	am. No. 116, 1990
Division 5
Heading to Div. 5 of Part III..	ad. No. 155, 2000
S. 18A.................................	ad. No. 116, 1990
	am. No. 155, 2000
S. 18B.................................	ad. No. 116, 1990
Part IIIAA
Part IIIAA ............................	ad. No. 155, 2000
S. 18BA...............................	ad. No. 155, 2000
S. 18BAA............................	ad. No. 49, 2004
Ss. 18BB-18BI....................	ad. No. 155, 2000
Part IIIA
Part IIIA ...............................	ad. No. 116, 1990
Ss. 18C, 18D.......................	ad. No. 116, 1990
	am. No. 24, 2001
Ss. 18E, 18F........................	ad. No. 116, 1990
	am. No. 143, 1992; No. 34, 1997
S. 18G.................................	ad. No. 116, 1990
S. 18H.................................	ad. No. 116, 1990
	am. No. 136, 1991
S. 18J..................................	ad. No. 116, 1990
S. 18K.................................	ad. No. 116, 1990
	am. No. 136, 1991; No. 143, 1992; No. 24, 2001
Note to s. 18K(5).................	ad. No. 135, 2001
	am. No. 125, 2002; No. 86, 2006
S. 18L..................................	ad. No. 116, 1990
	am. No. 136, 1991; No. 143, 1992; No. 24, 2001
S. 18M.................................	ad. No. 116, 1990
	rs. No. 136, 1991
	am. No. 143, 1992
S. 18N.................................	ad. No. 116, 1990
	am. No. 136, 1991; No. 143, 1992; No. 13, 1994; No. 24, 2001
S. 18NA...............................	ad. No. 34, 1997
S. 18P..................................	ad. No. 116, 1990
	am. No. 136, 1991; No. 143, 1992
S. 18Q.................................	ad. No. 116, 1990
	am. No. 136, 1991; No. 143, 1992; No. 24, 2001
Ss. 18R, 18S.......................	ad. No. 116, 1990
	am. No. 24, 2001
Ss. 18T, 18U.......................	ad. No. 116, 1990
S. 18V.................................	ad. No. 116, 1990
	am. No. 136, 1991
Part IV
Heading to Part IV...............	rs. No. 2, 2000
Division 1
Heading to Div. 1 of Part IV.	rs. No. 2, 2000
S. 19....................................	ad. No. 2, 2000
S. 19....................................	am. No. 59, 1995
Renumbered s. 19A ........	No. 2, 2000
S. 20....................................	am. No. 159, 2001
S. 21....................................	am. No. 59, 1995
S. 22....................................	rs. No. 122, 1991
	am. No. 146, 1999
S. 25....................................	am. No. 122, 1991
S. 26A.................................	ad. No. 2, 2000
	am. No. 146, 1999
Division 2
S. 27....................................	am. No. 20, 1991; No. 28, 1993; No. 155, 2000; No. 49, 2004
S. 28....................................	am. No. 116, 1990
S. 28A.................................	ad. No. 116, 1990
S. 29....................................	am. No. 116, 1990; No. 155, 2000
Division 3
S. 30....................................	am. No. 116, 1990; No. 155, 2000
S. 31....................................	am. No. 20, 1991; No. 155, 2000
S. 32....................................	am. No. 116, 1990 (as am. by No. 165, 1992); No. 20, 1991; No. 49, 2004 (as am. by No. 9, 2006)
S. 33....................................	am. No. 92, 1994
Part V
Division 1
S. 36....................................	am. No. 11, 1990; No. 13, 1994; Nos. 2 and 155, 2000
S. 37....................................	am. Nos. 92 and 177, 1994; No. 82, 1997; No. 155, 2000
S. 38....................................	rs. No. 13, 1994
	am. No. 155, 2000
Ss. 38A-38C.......................	ad. No. 13, 1994
S. 39....................................	rs. No. 13, 1994
S. 40....................................	am. No. 155, 2000
S. 40A.................................	ad. No. 155, 2000
S. 41....................................	am. No. 155, 2000; No. 49, 2004
Ss. 42, 43............................	am. No. 155, 2000
S. 44....................................	am. No. 34, 1997
S. 46....................................	am. No. 155, 2000; No. 24, 2001
S. 48....................................	am. No. 155, 2000
S. 49....................................	am. No. 116, 1990; No. 24, 2001
S. 50....................................	am. No. 146, 1999; No. 25, 2006 (as am. by No. 73, 2008); No. 70, 2009
S. 50A.................................	ad. No. 155, 2000
Division 2
S. 52....................................	am. No. 116, 1990; No. 13, 1994; No. 155, 2000
S. 53....................................	rs. No. 13, 1994
Ss. 53A, 53B.......................	ad. No. 155, 2000
Division 3
Heading to Div. 3 of Part V .	rs. No. 155, 2000
Div. 3 of Part V ...................	rs. No. 13, 1994; No. 59, 1995
S. 54....................................	rs. No. 13, 1994
	am. No. 177, 1994
	rs. No. 59, 1995
	am. No. 82, 1997; No. 155, 2000
Note to s. 54(1A)................	am. No. 9, 2006
S. 55....................................	rs. No. 13, 1994; No. 59, 1995; No. 155, 2000
Ss. 55A, 55B.......................	ad. No. 155, 2000
S. 56....................................	rs. No. 13, 1994
	rep. No. 59, 1995
Division 4
Heading to Div. 4 of Part V..	am. No. 116, 1990
	rs. No. 13, 1994
Div. 4 of Part V ...................	rs. No. 13, 1994
S. 57....................................	rs. No. 13, 1994
	am. No. 177, 1994; No. 82, 1997
Ss. 58, 59............................	rs. No. 13, 1994
S. 60....................................	am. No. 116, 1990
	rs. No. 13, 1994
S. 61....................................	rs. No. 13, 1994
	am. No. 38, 2005
S. 62....................................	rs. No. 13, 1994
	am. No. 155, 2000
Division 5
S. 63....................................	rs. No. 13, 1994
	am. No. 59, 1995; No. 155, 2000
Heading to s. 64..................	am. No. 155, 2000
S. 64....................................	am. No. 155, 2000
S. 65....................................	am. No. 24, 2001
S. 66....................................	am. No. 155, 2000; No. 24, 2001
S. 67....................................	am. No. 155, 2000
S. 68....................................	am. No. 116, 1990; No. 155, 2000
S. 68A.................................	ad. No. 155, 2000
S. 69....................................	am. No. 155, 2000
S. 70....................................	am. No. 125, 2002; No. 86, 2006
Ss. 70A, 70B.......................	ad. No. 155, 2000
Part VI
Heading to Part VI ..............	rs. No. 155, 2000
Division 1
Heading to Div. 1 of Part VI	ad. No. 155, 2000
Subhead. to s. 72(1) ..........	ad. No. 155, 2000
S. 72....................................	am. No. 155, 2000
Heading to s. 73 .................	am. No. 155, 2000
S. 73....................................	am. No. 155, 2000; No. 50, 2006
Ss. 75-77............................	am. No. 155, 2000
S. 79....................................	am. No. 155, 2000
Division 2
Heading to Div. 2 of Part VI	ad. No. 155, 2000
Ss. 80A-80D.......................	ad. No. 155, 2000
Division 3
Heading to Div. 3 of Part VI	ad. No. 155, 2000
S. 80E..................................	ad. No. 155, 2000
Part VIA
Part VIA...............................	ad. No. 148, 2006
Division 1
Ss. 80F-80H.......................	ad. No. 148, 2006
Division 2
Ss. 80J-80N........................	ad. No. 148, 2006
Division 3
S. 80P..................................	ad. No. 148, 2006
Division 4
Ss. 80Q-80T.......................	ad. No. 148, 2006
Part VII
S. 82....................................	am. No. 159, 2001
S. 83....................................	am. No. 2, 2000
Part IX
S. 95....................................	am. No. 50, 2006
S. 95A.................................	ad. No. 155, 2000
	am. No. 50, 2006
S. 95AA..............................	ad. No. 99, 2006
Ss. 95B, 95C.......................	ad. No. 155, 2000
S. 96....................................	am. No. 2, 2000
Note to s. 96(1)...................	ad. No. 2, 2000
Ss. 97, 98............................	am. No. 155, 2000
S. 99....................................	am. No. 11, 1990; No. 2, 2000
Heading to s. 99A ..............	am. No. 155, 2000
S. 99A.................................	ad. No. 116, 1990
	am. No. 155, 2000; No. 24, 2001
S. 100..................................	am. No. 155, 2000; No. 49, 2004
Schedule 3
Schedule 3 .........................	ad. No. 155, 2000
C. 1......................................	ad. No. 155, 2000
C. 2......................................	ad. No. 155, 2000
	am. No. 99, 2006; No. 144, 2008
Cc. 3-7................................	ad. No. 155, 2000
Note to c. 7.2.......................	am. No. 49, 2004
Cc. 8, 9................................	ad. No. 155, 2000
C. 10....................................	ad. No. 155, 2000
	am. No. 99, 2006

Table A

Application, saving or transitional provisions

Hearing Services and AGHS Reform Act 1997 (No. 82, 1997)

Schedule 4

12 Transitional regulations

(1) The Governor‑General may make regulations in relation to transitional matters arising from the amendments made by this Schedule.

(2) The Governor‑General may make regulations modifying the application of the Privacy Act 1988 in relation to transitional matters in connection with the transfer of any of the operations or records of the Australian Government Health Service to the nominated AGHS company.

(3) Subitems (1) and (2) do not limit each other.

(4) In this item:

modifications includes additions, omissions and substitutions.

Privacy Amendment (Office of the Privacy Commissioner) Act 2000
(No. 2, 2000)

Schedule 1

15 Section 96 still applies to pre‑commencement staff

Despite the amendment of section 96 of the Privacy Act 1988 by item 7 of this Schedule, that section continues to apply, in relation to persons who, at any time before this item commenced, were staff referred to in section 43 of the Human Rights and Equal Opportunity Commission Act 1986, as if the amendment had not been made.

Note 1: Section 96 of the Privacy Act 1988 is about non‑disclosure of private information.

Note 2: The Human Rights and Equal Opportunity Act 1986 has been renamed the Australian Human Rights Commission Act 1986. See Part 1 of Schedule 3 to the Disability Discrimination and Other Human Rights Legislation Amendment Act 2009.

Australian Federal Police Legislation Amendment Act 2000 (No. 9, 2000)

Schedule 3

20 Definition

In this Part:

commencing time means the time when this Part commences.

29 Amendment of the Privacy Act 1988

Continuation of Act in relation to things done before the commencing time

(1) The Privacy Act 1988 as in force at and after the commencing time applies to things of the kind mentioned in section 8, 9, 10 or 11 of that Act in relation to members, staff members or special members of the Australian Federal Police that occurred before the commencing time in the same way as it does to such things that occur at or after the commencing time in relation to AFP employees or special members (both within the meaning of the Australian Federal Police Act 1979 as in force at and after the commencing time).

Obligations of confidence

(2) The amendment of the Privacy Act 1988 made by item 42 of Schedule 2 to this Act applies to obligations of confidence that arise under Part VIII of that Act at or after the commencing time in relation to:

(a) the Commissioner of the Australian Federal Police; or

(b) a Deputy Commissioner of the Australian Federal Police; or

(d) a special member of the Australian Federal Police;

(all within the meaning of the Australian Federal Police Act 1979 as in force at and after the commencing time).

34 Warrants or writs etc. may continue to be executed

If, immediately before the commencing time, any warrant, writ, order, permission or other instrument (the authority) issued under a law of the Commonwealth, a State or a Territory could be executed by a person who was at that time a member, staff member or special member of the Australian Federal Police, the authority continues to be able to be executed at and after the commencing time by the person in his or her capacity as:

(a) the Commissioner of the Australian Federal Police; or

(b) a Deputy Commissioner of the Australian Federal Police; or

(d) a special member of the Australian Federal Police;

(all within the meaning of the Australian Federal Police Act 1979 as in force at and after the commencing time).

Note: A person who is a member or staff member of the Australian Federal Police immediately before the commencing time is taken to be engaged as an AFP employee. Similarly, a person who is a special member of the Australian Federal Police immediately before the commencing time is taken to be appointed as a special member. See item 2 of this Schedule.

35 Regulations dealing with matters of a transitional or saving nature

(1) The Governor‑General may make regulations, not inconsistent with any other provision of this Schedule, prescribing matters of a transitional or saving nature in relation to the amendments made by Schedule 1 or 2.

(2) Regulations made under this item within one year after the commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.

Privacy Amendment (Private Sector) Act 2000 (No. 155, 2000)

Schedule 1

37 Application

Under subsection 6A(2) or 6B(2) of the Privacy Act 1988 (as amended by this Schedule), a Commonwealth contract may prevent an act or practice from being a breach of a National Privacy Principle or an approved privacy code (as appropriate) regardless of whether the contract was made before or after the commencement of that subsection.

53 Application

An act or practice of an organisation may be an interference with the privacy of an individual under paragraph 13A(1)(c) of the Privacy Act 1988 whether the contract mentioned in that paragraph was made before or after the commencement of section 13A of that Act.

57 Application

The amendment of section 18A of the Privacy Act 1988 by this Schedule applies to the preparation of the Code of Conduct for issue after the commencement of the amendment.

76 Application

Subsection 36(8) of the Privacy Act 1988 as amended by this Schedule applies in relation to complaints made after the commencement of this Schedule.

100 Application

Enforcement of determinations

(1) Division 3 of Part V of the Privacy Act 1988 as amended by this Schedule applies to a determination made as a result of a complaint made after the commencement of this Schedule.

Evidentiary certificates

(2) Section 55B of the Privacy Act 1988 applies in relation to a determination made by the Commissioner in relation to an agency before or after the commencement of that section.

124 Application and saving

(1) The amendments of section 75 of the Privacy Act 1988 made by this Schedule apply in relation to applications that are made under section 73 of that Act after the commencement of this Schedule.

(2) Regulations (if any) in force for the purposes of subsection 75(3) of the Privacy Act 1988 immediately before the commencement of this Schedule have effect, after that commencement, as if they had been made for the purposes of that subsection after that commencement.

(3) Subitem (2) does not prevent the amendment or repeal of the regulations.

130 Application

Section 80A of the Privacy Act 1988 as amended by this Schedule applies in relation to an application made by or on behalf of an agency under section 73 of that Act, whether the application was made before or after the commencement of this Schedule.

Schedule 3

4 Application

The amendment of the Privacy Act 1988 made by this Schedule applies for the purposes of determining the operation of that Act in relation to an act or practice, regardless of whether the act or practice occurred before or after the commencement of this Schedule.

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)

4 Application of amendments

(1) Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001
(No. 159, 2001)

Schedule 1

97 Application of amendments

The amendments made by this Schedule do not apply to an appointment if the term of the appointment began before the commencement of this item.

Privacy Amendment Act 2004 (No. 49, 2004)

Schedule 1

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.

5 Application of amendment

The amendment made by item 4 applies to acts done, or practices engaged in, after the commencement of this Part.

Postal Industry Ombudsman Act 2006 (No. 25, 2006)

Schedule 1

20 Application

(2) The amendments made by items 17, 18 and 19 of this Schedule apply in relation to complaints made after the commencement of this Part.

Table B

Modifications

Banking (State Bank of South Australia and Other Matters) Act 1994
(No. 69, 1994)

Part 2.3--Modifications of the Privacy Act 1988 relating to the restructuring of the State Bank of South Australia

Division 1--Preliminary

12 Object of Part

The object of this Part is to facilitate the restructuring of the State Bank of South Australia by modifying the effect of the Privacy Act 1988.

13 Interpretation

An expression used in this Part and in the Privacy Act 1988 has the same meaning in this Part as it has in that Act.

14 Definitions

In this Part:

account includes a deposit or loan.

appointed day has the same meaning as in the State Bank (Corporatisation) Act 1994 of South Australia.

borrower has a meaning corresponding to loan.

designated subsidiary of the State Bank of South Australia means a company that is an SBSA subsidiary within the meaning of the State Bank (Corporatisation) Act 1994 of South Australia.

eligible customer, in relation to a person, means:

(a) an individual who is, or has sought to become:

(i) a customer of the person within the ordinary meaning of that expression; or

(ii) a depositor with the person; or

(iii) a borrower from the person; or

(b) a guarantor or prospective guarantor of an individual who is, or has sought to become, a borrower from the person.

re‑transfer provision means:

(a) section 16 of the State Bank (Corporatisation) Act 1994 of South Australia; or

(b) a corresponding provision of a law of another State or of a Territory.

transfer provision means:

(a) section 7 of the State Bank (Corporatisation) Act 1994 of South Australia; or

(b) a corresponding provision of a law of another State or of a Territory.

15 State banking

(1) Section 12A of the Privacy Act 1988 has effect as if the provisions of this Part were provisions of that Act.

(2) A reference in the Privacy Act 1988 to State banking does not include a reference to State banking to the extent to which the matter of State banking has been referred to the Parliament under section 21 of the State Bank (Corporatisation) Act 1994 of South Australia.

Division 2-- Transfers of loans-transferee bank deemed to have provided credit

16 Transfers to Bank of South Australia Limited

(1) This section applies if:

(a) a loan or prospective loan is transferred on a particular day (the transfer day) under a transfer provision to Bank of South Australia Limited from:

(i) the State Bank of South Australia; or

(ii) a designated subsidiary of the State Bank of South Australia; and

(b) immediately before the transfer, the loan or prospective loan was credit provided by the State Bank of South Australia or the designated subsidiary, as the case may be.

(2) This Part and the Privacy Act 1988 have effect, on and after the transfer day, as if the loan or prospective loan were credit provided by Bank of South Australia Limited instead of by the State Bank of South Australia or the designated subsidiary, as the case requires.

17 Re‑transfers to the State Bank of South Australia or a designated subsidiary of the State Bank of South Australia

(1) This section applies if:

(a) a loan or prospective loan is transferred on a particular day (the re‑transfer day) under a re‑transfer provision from Bank of South Australia Limited to:

(i) the State Bank of South Australia; or

(ii) a designated subsidiary of the State Bank of South Australia; and

(b) immediately before the transfer, the loan or prospective loan was credit provided by Bank of South Australia Limited.

(2) This Part and the Privacy Act 1988 have effect, on and after the re‑transfer day, as if the loan or prospective loan were credit provided by the State Bank of South Australia or by the designated subsidiary, as the case requires, instead of by Bank of South Australia Limited.

Division 3--Disclosure of reports

Subdivision A--Transfers to Bank of South Australia Limited

18 Disclosure of information about transferred eligible customers

(1) This section applies to the disclosure of a report (within the meaning of subsection 18N(9) of the Privacy Act 1988) or any personal information derived from such a report if:

(a) the disclosure is by:

(i) the State Bank of South Australia; or

(ii) a designated subsidiary of the State Bank of South Australia; or

(iii) an agent of a body covered by subparagraph (i) or (ii); and

(b) the report or information is disclosed to:

(i) Bank of South Australia Limited; or

(ii) an agent of Bank of South Australia Limited; and

(i) was an eligible customer of the State Bank of South Australia or the designated subsidiary, as the case may be; and

(ii) became an eligible customer of Bank of South Australia Limited as a result of the operation of a transfer provision; and

(d) the report or information is disclosed for the purposes of facilitating the operation of a transfer provision in relation to the individual.

(2) The disclosure does not breach:

(a) the Privacy Act 1988; or

(b) the Code of Conduct.

Subdivision B--Re‑transfers to the State Bank of South Australia or to a designated subsidiary of the State Bank of South Australia

19 Disclosure of information where account is re‑transferred to the State Bank of South Australia or to a designated subsidiary of the State Bank of South Australia

(1) This section applies to the disclosure of a report (within the meaning of subsection 18N(9) of the Privacy Act 1988) or any personal information derived from such a report if:

(a) the disclosure is by:

(i) Bank of South Australia Limited; or

(ii) an agent of Bank of South Australia Limited; and

(b) the report or information is disclosed to:

(i) the State Bank of South Australia; or

(ii) a designated subsidiary of the State Bank of South Australia; or

(iii) an agent of a body covered by subparagraph (i) or (ii); and

(c) the report relates to the affairs of an eligible customer of the State Bank of South Australia or of the designated subsidiary, as the case requires, whose account was transferred to that Bank or subsidiary from Bank of South Australia Limited as a result of the operation of a re‑transfer provision; and

(d) the report or information is disclosed for the purposes of facilitating the operation of the re‑transfer provision in relation to the eligible customer.

(2) The disclosure does not breach:

(a) the Privacy Act 1988; or

(b) the Code of Conduct.

Subdivision C--Management of accounts by Bank of South Australia Limited

20 Disclosure of information where Bank of South Australia Limited manages the account of an eligible customer of the State Bank of South Australia or a designated subsidiary of the State Bank of South Australia

(1) This section applies to the disclosure of a report (within the meaning of subsection 18N(9) of the Privacy Act 1988) or any personal information derived from such a report if:

(a) the disclosure is by:

(i) the State Bank of South Australia; or

(ii) a designated subsidiary of the State Bank of South Australia; or

(iii) an agent of a body covered by subparagraph (i) or (ii); and

(b) the report or information is disclosed to Bank of South Australia Limited; and

(c) the report or information relates to the affairs of an eligible customer of the State Bank of South Australia or of the designated subsidiary, as the case may be; and

(d) an account of the eligible customer is being managed by Bank of South Australia Limited as agent for the State Bank of South Australia or the designated subsidiary, as the case may be; and

(e) the report or information is disclosed for the purposes of facilitating the management of the account.

(2) The disclosure does not breach:

(a) the Privacy Act 1988; or

(b) the Code of Conduct.

Subdivision D--Dissolution of designated subsidiaries of the State Bank of South Australia

21 Disclosure of information where a designated subsidiary of the State Bank of South Australia is about to be dissolved

(1) This section applies if:

(a) a designated subsidiary of the State Bank of South Australia is proposed to be dissolved under subsection 23(1) of the State Bank (Corporatisation) Act 1994 of South Australia; and

(b) as a result of the dissolution, an account with the designated subsidiary will be vested in the State Bank of South Australia under subsection 23(2) of that Act.

(2) In applying paragraph 18N(1)(d) of the Privacy Act 1988 to a disclosure that is relevant to that account, the designated subsidiary is taken to be related to the State Bank of South Australia.

Division 4--Authorities and notifications

Subdivision A--Transfers to Bank of South Australia Limited

22 Authorities relating to the State Bank of South Australia or a designated subsidiary of the State Bank of South Australia deemed to relate to Bank of South Australia Limited

(1) This section applies to an authority (however described) given under the Privacy Act 1988 if:

(a) the authority was given to:

(i) the State Bank of South Australia; or

(ii) a designated subsidiary of the State Bank of South Australia; and

(b) the authority authorised the State Bank of South Australia or the designated subsidiary, as the case may be, to disclose, use or receive:

(i) a credit report; or

(ii) any other information that has or has had any bearing on an individual's credit worthiness, credit standing, credit history or credit capacity; and

(i) was an eligible customer of the State Bank of South Australia or the designated subsidiary, as the case may be; and

(ii) became an eligible customer of Bank of South Australia Limited on a particular day (the transfer day) as a result of the operation of a transfer provision.

(2) This Part and the Privacy Act 1988 have effect, on and after the transfer day, as if the authority had been given to, and had so authorised, Bank of South Australia Limited instead of the State Bank of South Australia or the designated subsidiary, as the case requires.

23 Notifications given by the State Bank of South Australia or a designated subsidiary of the State Bank of South Australia deemed to have been given by Bank of South Australia Limited

(1) This section applies to a notification (however described) given under the Privacy Act 1988 if:

(a) the notification was given by:

(i) the State Bank of South Australia; or

(ii) a designated subsidiary of the State Bank of South Australia; and

(b) the notification was given to an individual who:

(i) was an eligible customer of the State Bank of South Australia or the designated subsidiary, as the case may be; and

(ii) became an eligible customer of Bank of South Australia Limited on a particular day (the transfer day) as a result of the operation of a transfer provision.

(2) This Part and the Privacy Act 1988 have effect, on and after the transfer day, as if the notification had been given by Bank of South Australia Limited instead of by the State Bank of South Australia or the designated subsidiary, as the case requires.

Subdivision B--Re‑transfers to the State Bank of South Australia or to a designated subsidiary of the State Bank of South Australia

24 Authorities relating to Bank of South Australia Limited deemed to relate to the State Bank of South Australia or the designated subsidiary concerned

(1) This section applies to an authority (however described) given under the Privacy Act 1988 if:

(a) the authority was given to Bank of South Australia Limited; and

(b) the authority authorised Bank of South Australia Limited to disclose, use or receive:

(i) a credit report; or

(ii) any other information that has or has had any bearing on an individual's credit worthiness, credit standing, credit history or credit capacity; and

(i) was an eligible customer of Bank of South Australia Limited; and

(ii) became an eligible customer of the State Bank of South Australia or a designated subsidiary of the State Bank of South Australia on a particular day (the re‑transfer day) as a result of the operation of a re‑transfer provision.

(2) The Privacy Act 1988 has effect, on and after the re‑transfer day, as if the authority had been given to, and had so authorised, the State Bank of South Australia or the designated subsidiary, as the case requires, instead of Bank of South Australia Limited.

25 Notifications given by Bank of South Australia Limited deemed to have been given by the State Bank of South Australia or the designated subsidiary concerned

(1) This section applies to a notification (however described) given under the Privacy Act 1988 if:

(a) the notification was given by Bank of South Australia Limited; and

(b) the notification was given to an individual who:

(i) was an eligible customer of Bank of South Australia Limited; and

(2) The Privacy Act 1988 has effect, on and after the re‑transfer day, as if the notification had been given by the State Bank of South Australia or the designated subsidiary, as the case requires, instead of by Bank of South Australia Limited.

Division 5--Deletion of information from credit information files

Subdivision A--Transfers to Bank of South Australia Limited

26 Credit reporting agencies that have been given information about overdue payments

(1) This section applies if:

(a) the State Bank of South Australia or a designated subsidiary of the State Bank of South Australia was a credit provider in relation to credit provided to an individual; and

(b) as a result of the operation of a transfer provision, the individual's account was transferred to Bank of South Australia Limited on a particular day (the transfer day); and

(c) a credit reporting agency had been given information that the individual was overdue in making a payment in respect of the credit provided by the State Bank of South Australia or the designated subsidiary, as the case may be.

(2) This Division and subsection 18F(3) of the Privacy Act 1988 have effect, on and after the transfer day, as if the credit reporting agency had been given information that the individual was overdue in making a payment in respect of credit provided by Bank of South Australia Limited.

27 Credit reporting agencies that have previously been informed about current credit provider status

(1) This section applies if:

(a) the State Bank of South Australia or a designated subsidiary of the State Bank of South Australia was a credit provider in relation to credit provided to an individual; and

(b) as a result of the operation of a transfer provision, the individual's account was transferred to Bank of South Australia Limited on a particular day (the transfer day); and

(c) a credit reporting agency had previously been informed that the State Bank of South Australia or the designated subsidiary, as the case may be, was a current credit provider in relation to the individual.

(2) This Division and subsection 18F(5) of the Privacy Act 1988 have effect, on and after the transfer day, as if the credit reporting agency had previously been informed that Bank of South Australia Limited was a current credit provider in relation to the individual.

28 Credit provider ceasing to be current credit provider

An obligation is not imposed on the State Bank of South Australia, or a designated subsidiary of the State Bank of South Australia, under subsection 18F(5) of the Privacy Act 1988 merely because of the operation of a transfer provision.

Subdivision B--Re‑transfers to the State Bank of South Australia or to a designated subsidiary of the State Bank of South Australia

29 Credit reporting agencies that have been given information about overdue payments

(1) This section applies if:

(a) Bank of South Australia Limited was a credit provider in relation to credit provided to an individual; and

(b) as a result of the operation of a re‑transfer provision, the individual's account was transferred to the State Bank of South Australia or to a designated subsidiary of the State Bank of South Australia on a particular day (the re‑transfer day); and

(c) a credit reporting agency had been given information that the individual is overdue in making a payment in respect of the credit provided by Bank of South Australia Limited.

(2) Subsection 18F(3) of the Privacy Act 1988 has effect, on and after the re‑transfer day, as if the credit reporting agency had been given information that the individual was overdue in making a payment in respect of credit provided by the State Bank of South Australia or the designated subsidiary, as the case requires.

30 Credit reporting agencies that have previously been informed about current credit provider status

(1) This section applies if:

(a) Bank of South Australia Limited was a credit provider in relation to credit provided to an individual; and

(c) a credit reporting agency had previously been informed that Bank of South Australia Limited was a current credit provider in relation to the individual.

(2) Subsection 18F(5) of the Privacy Act 1988 has effect, on and after the re‑transfer day, as if the credit reporting agency had previously been informed that the State Bank of South Australia or the designated subsidiary, as the case requires, was a current credit provider in relation to the individual.

31 Credit provider ceasing to be current credit provider

An obligation is not imposed on Bank of South Australia Limited under subsection 18F(5) of the Privacy Act 1988 merely because of the operation of a re‑transfer provision.

Division 6--Banks to publish information about the operation of this Part

32 Publication of information about the operation of this Part

(1) On or before the appointed day, or as soon as practicable after that day, the State Bank of South Australia or Bank of South Australia Limited must prepare a written statement setting out information about:

(a) the kinds of reports and information that will be, or that have been, disclosed under section 18; and

(b) the kinds of authorities and notifications that will be, or have been, affected by the operation of sections 22 and 23.

(2) The statement must not be prepared in a manner that is likely to enable the identification of a particular eligible customer.

(3) As soon as practicable after the preparation of the statement, the State Bank of South Australia or Bank of South Australia Limited, as the case requires, must make copies of the statement generally available to:

(a) in any case--its eligible customers; and

(b) if the statement is prepared by the State Bank of South Australia--the eligible customers of Bank of South Australia Limited.

(4) For the purposes of the Privacy Act 1988, a contravention of this section is taken to be a credit reporting infringement by the State Bank of South Australia and Bank of South Australia Limited.

Division 7--This Part to be disregarded in determining the meaning that a provision of the Privacy Act 1988 has apart from this Part

33 This Part to be disregarded in determining the meaning that a provision of the Privacy Act 1988 has apart from this Part

In determining the meaning that a provision of the Privacy Act 1988 has apart from this Part, this Part is to be disregarded.

Commonwealth Consolidated Acts

PRIVACY ACT 1988 - NOTES