Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 10

             (1)  Subject to subsections (4) and (5), an agency that is in possession or control of a record of personal information shall be regarded, for the purposes of this Act, as the record‑keeper in relation to that record.

             (2)  Subject to subsections (3), (4) and (5), where a record of personal information is in the possession or under the control of a person:

                     (a)  in the course of the person's employment in the service of or by an agency other than the Australian Federal Police; or

                     (b)  as a member, staff member or special member of the Australian Federal Police in the performance of his or her duties as such a member, staff member or special member;

then, for the purposes of this Act, the record‑keeper in relation to that record shall be taken to be:

                     (c)  if paragraph (a) applies--the agency first referred to in that paragraph; and

                     (d)  if paragraph (b) applies--the Australian Federal Police.

             (3)  Where a record of personal information is in the possession or under the control of a person for the purposes of the activities of, an unincorporated body, being a board, council, committee, sub‑committee or other body established by or under a Commonwealth enactment for the purpose of assisting, or performing functions connected with, an agency, that agency shall be regarded, for the purposes of this Act, as the record‑keeper in relation to that record.

             (4)  Where:

                     (a)  a record of personal information (not being a record relating to the administration of the Australian Archives) is in the custody of the Australian Archives; or

                     (b)  a record of personal information (not being a record relating to the administration of the Australian War Memorial) is in the custody of the Australian War Memorial;

the agency by or on behalf of which the record was placed in that custody or, if that agency no longer exists, the agency to whose functions the contents of the record are most closely related, shall be regarded, for the purposes of this Act, as the record‑keeper in relation to that record.

             (5)  Where a record of personal information was placed by or on behalf of an agency in the memorial collection within the meaning of the Australian War Memorial Act 1980 , that agency or, if that agency no longer exists, the agency to whose functions the contents of the record are most closely related, shall be regarded, for the purposes of this Act, as the record‑keeper in relation to that record.