even if the information is personal information (as defined in the Privacy Act 1988 ).

Note: The Australian Customs Service (including the officer) is obliged to handle personal information in accordance with the Privacy Act 1988 . Section 16 of the Customs Administration Act 1985 also limits the recording and disclosure of information disclosed to the officer under this section.

(2) To avoid doubt, this section does not:

(a)

require anyone to disclose information to an officer; or

(b)

affect a requirement of or under another provision of this Act for a person to disclose information to an officer (whether by answering a question, by providing a document or by other means).

Telecommunications Act 1997

4 At the end of Division 3 of Part 6

Neither an industry code nor an industry standard derogates from a requirement made by or under the Privacy Act 1988 or an approved privacy code (as defined in that Act).
5 Paragraph 117(1)(j)

6 At the end of subsection 117(1)

(k)

the ACA has consulted the Privacy Commissioner about the code and consequently believes that he or she is satisfied with the code, if the code deals directly or indirectly with a matter dealt with by:

(i)

the National Privacy Principles (as defined in the Privacy Act 1988 ); or

(ii)

other provisions of that Act that relate to those Principles; or

(iii)

an approved privacy code (as defined in that Act) that binds a participant in that section of the telecommunications industry; or

(iv)

provisions of that Act that relate to the approved privacy code.

7 At the end of subsection 117(4)

Note: An industry code also ceases to be registered when it is removed from the Register of industry codes under section 122A.

8 At the end of subsection 118(1)

Note: The ACA may request the body or association to develop the industry code to replace an earlier industry code that the Privacy Commissioner (exercising functions under the Privacy Act 1988 ) has advised the ACA is inconsistent with the National Privacy Principles or a relevant approved privacy code (as defined in that Act).

9 After subsection 118(4)

(4A) The ACA must consult the Privacy Commissioner before making a request under subsection (1) for the development of an industry code that could reasonably be expected to deal directly or indirectly with a matter dealt with by:

(a)

the National Privacy Principles (as defined in the Privacy Act 1988 ); or

(b)

other provisions of that Act relating to those Principles; or

(c)

an approved privacy code (as defined in that Act) that binds one or more participants in the section of the telecommunications industry to which the request relates; or

(d)

provisions of that Act that relate to the approved privacy code.

10 At the end of subsection 120(1)

11 After subsection 121(1)

(1A) If the ACA is satisfied that the contravention of the industry code relates directly or indirectly to a matter dealt with by the National Privacy Principles (as defined in the Privacy Act 1988 ) or by an approved privacy code (as defined in that Act), the ACA must consult the Privacy Commissioner before giving the direction.
12 At the end of section 122

(3) If the ACA is satisfied that the contravention of the industry code relates directly or indirectly to a matter dealt with by the National Privacy Principles (as defined in the Privacy Act 1988 ) or by an approved privacy code (as defined in that Act), the ACA must consult the Privacy Commissioner before issuing the warning.
13 At the end of Division 4 of Part 6

122A De-registering industry codes and provisions of industry codes
(1) The ACA may remove from the Register of industry codes kept under section 136:

(a)

an industry code; or

(b)

a provision of an industry code.

(2) An industry code ceases to be registered when it is removed from the Register.
(3) If the ACA removes a provision of an industry code from the Register, this Part has effect in relation to things occurring after the removal of the provision as if the code registered under this Part did not include the provision removed.
14 At the end of subsection 130(1)

Note: The ACA may be satisfied that it is necessary or convenient to vary an industry standard that is inconsistent with the National Privacy Principles or an approved privacy code (as defined in the Privacy Act 1988 ), following advice given by the Privacy Commissioner in the exercise of his or her functions under that Act.

15 Subsection 134(1)

(1) This section applies to an industry standard that deals with a matter set out in paragraph 113(3)(f), including a matter dealt with by:

(a)

the National Privacy Principles (as defined in the Privacy Act 1988 ); or

(b)

other provisions of that Act relating to those Principles; or

(c)

an approved privacy code (as defined in that Act); or

(d)

provisions of that Act that relate to an approved privacy code.

16 After subsection 136(1)

(1A) Paragraph (1)(a) does not require the ACA to continue to include in the Register an industry code, or a provision of an industry code, removed from the Register under section 122A.
17 At the end of Division 4 of Part 13

Nothing in this Division limits the generality of anything else in it.
18 After Division 4 of Part 13

(1) If a disclosure or use of information by a person would be prohibited by Division 2 apart from a provision of Division 3, the disclosure or use is taken for the purposes of the Privacy Act 1988 , and of an approved privacy code (as defined in that Act), to be authorised by law.
(2) If a disclosure or use of information by a person would be prohibited by a provision of Division 4 apart from the fact that the disclosure or use is covered by an exception in that provision to the prohibition, the disclosure or use is taken for the purposes of the Privacy Act 1988 , and of an approved privacy code (as defined in that Act), to be authorised by law.
303C Prosecution of an offence against this Part does not affect proceedings under the Privacy Act 1988
(1) The prosecution of an offence against Division 2 or 4 of this Part for disclosure or use of information or a document does not prevent civil proceedings or administrative action from being taken under the Privacy Act 1988 or an approved privacy code (as defined in that Act) in relation to the disclosure or use.
(2) This section applies regardless of the outcome of the prosecution.
(3) This section does not affect the operation of section 49 of the Privacy Act 1988 .
19 Subclause 15(2) of Schedule 2

Telecommunications (Consumer Protection and Service Standards) Act 1999

20 After subparagraph 147(2)(l)(i)

(ia)

National Privacy Principle 2 (as defined in the Privacy Act 1988 );

(ib)

each approved privacy code (as defined in the Privacy Act 1988 ), if any, that binds a participant in a section of the telecommunications industry;