Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 100

             (1)  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  Subject to subsection (3), before the Governor‑General makes regulations for the purposes of subclause 7.1A or paragraph 7.2(c) of the National Privacy Principles prescribing an organisation, identifier and circumstances, the Minister must be satisfied that:

                     (a)  the agency or the principal executive of the agency (if the agency has a principal executive) has agreed that adoption, use or disclosure by the organisation of the identifier in the circumstances is appropriate; and

                     (b)  the agency or the principal executive of the agency (if the agency has a principal executive) has consulted the Commissioner about adoption, use or disclosure by the organisation of the identifier in the circumstances; and

                     (c)  adoption, use or disclosure by the organisation of the identifier in the circumstances can only be for the benefit of the individual concerned.

             (3)  Subsection (2) does not apply to the making of regulations for the purposes of paragraph 7.2(c) of the National Privacy Principles if:

                     (a)  the regulations prescribe an organisation, or class of organisations; and

                     (b)  the regulations prescribe an identifier, or class of identifiers, of a kind commonly used in the processing of pay, or deductions from pay, of Commonwealth officers, or a class of Commonwealth officers; and

                     (c)  the circumstances prescribed by the regulations for the use or disclosure by the organisation, or an organisation in the class, of the identifier, or an identifier in the class, relate to the provision by the organisation of superannuation services for the benefit of Commonwealth officers; and

                     (d)  before the regulations are made, the Minister consults the Commissioner about the proposed regulations.

             (4)  In subsection (3):

"superannuation services" includes the management, processing, allocation and transfer of superannuation contributions.