Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Definitions
In this Schedule:
commencement time means the time Schedule 1 to this Act commences.
Privacy Act means the Privacy Act 1988 .
transition period means the period:
(a) starting on the day this Act receives the Royal Assent; and
(b) ending immediately before the commencement time.
Part 2 -- Provisions relating to Schedule 1 to this Act
2 Application--court/tribunal orders
The definition of court/tribunal order in subsection 6(1) of the Privacy Act, as inserted by Schedule 1 to this Act, applies in relation to an order, direction or other instrument made before or after the commencement time.
3 Saving--guidelines relating to medical research etc.
(1) This item applies to guidelines if:
(a) the guidelines were issued or approved under subsection 95(1), 95A(2), 95A(4) or 95AA(2) of the Privacy Act; and
(b) the guidelines were in force immediately before the commencement time.
(2) The guidelines have effect, after that time, as if they had been issued or approved under that subsection, as amended by Schedule 1 to this Act.
Part 3 -- Provisions relating to Schedule 2 to this Act
4 Application--credit reporting
(1) To the extent that the amendments of the Privacy Act made by Schedule 2 to this Act apply in relation to credit, they apply in relation to credit applied for, or provided, before or after the commencement time.
(2) The definition of court proceedings information in subsection 6(1) of the Privacy Act, as inserted by Schedule 2 to this Act, applies in relation to a judgement of an Australian court made or given before or after the commencement time.
(3) The definition of serious credit infringement in subsection 6(1) of the Privacy Act, as inserted by Schedule 2 to this Act, applies in relation to an act done before or after the commencement time.
(4) Paragraph 6N (k) of the Privacy Act, as inserted by Schedule 2 to this Act, applies in relation to activities done before or after the commencement time.
(5) Section 6R of the Privacy Act, as inserted by Schedule 2 to this Act, applies in relation to an information request made before or after the commencement time.
(6) Section 6V of the Privacy Act, as inserted by Schedule 2 to this Act, applies in relation to a monthly payment that is due and payable on or after the day this Act receives the Royal Assent.
Part 4 -- Provisions relating to Schedule 3 to this Act
5 Privacy codes may be developed etc. during the transition period
(1) A function or power conferred on the Commissioner or an entity by Part IIIB of the Privacy Act, as inserted by Schedule 3 to this Act, may be performed or exercised during the transition period as if the Privacy Act, as amended by this Act, was in force during that period.
(2) The performance of such a function, or the exercise of such a power, during the transition period has effect, after the commencement time, as if it had been performed or exercised under Part IIIB of the Privacy Act as inserted by Schedule 3 to this Act.
Part 5 -- Provisions relating to Schedule 4 to this Act
6 Application--section 13G of the Privacy Act
Section 13G of the Privacy Act, as inserted by Schedule 4 to this Act, applies in relation to an act done, or a practice engaged in, after the commencement time.
7 Saving--guidelines relating to tax file number information
(1) This item applies to guidelines if:
(a) the guidelines were issued under subsection 17(1) of the Privacy Act; and
(b) the guidelines were in force immediately before the commencement time.
(2) The guidelines have effect, after that time, as if they had been rules issued under section 17 of that Act, as inserted by Schedule 4 to this Act.
8 Saving--guidelines prepared and published under the Privacy Act
(1) This item applies to guidelines if:
(a) the guidelines were prepared and published under paragraph 27(1)(e) or 28A(1)(e) of the Privacy Act; and
(b) the guidelines were in force immediately before the commencement time.
(2) The guidelines have effect, after that time, as if they had been made under paragraph 28(1)(a) of that Act, as inserted by Schedule 4 to this Act.
9 Audits by the Commissioner
(1) This item applies if:
(a) before the commencement time, the Commissioner was conducting an audit under paragraph 27(1)(h) or (ha), 28(1)(e) or 28A(1)(g) of the Privacy Act; and
(b) immediately before that time, the audit has not been completed.
(2) Despite the amendments of the Privacy Act made by this Act, the Commissioner may continue, after the commencement time, to conduct the audit as if those amendments had not been made.
10 Application--amendment made by item 75 of Schedule 4
The amendment made by item 75 of Schedule 4 to this Act applies in relation to a representative complaint lodged after the commencement time.
11 Application--paragraph 41(1)(db) of the Privacy Act
Paragraph 41(1)(db) of the Privacy Act, as inserted by Schedule 4 to this Act, applies in relation to a request made after the commencement time.
12 Saving--public interest determinations
(1) This item applies to a determination if:
(a) the determination was made under section 72 of the Privacy Act; and
(b) the determination was in force immediately before the commencement time.
(2) The determination has effect, after the commencement time, as if it had been made under that section, as amended by Schedule 4 to this Act.
(3) The Commissioner may, by legislative instrument, vary the determination after the commencement time to take account of the amendments of the Privacy Act made by this Act.
(4) In deciding whether to vary the determination, the Commissioner may:
(a) consult any person or entity; and
(b) take into account any matter that the Commissioner considers relevant.
13 Application--subsection 73(1A) of the Privacy Act
Subsection 73(1A) of the Privacy Act, as inserted by Schedule 4 to this Act, applies in relation to an application made under subsection 73(1) of the Privacy Act after the commencement time.
14 Application--review by the Administrative Appeals Tribunal
Paragraphs 96(1)(c), (e), (f) and (g) of the Privacy Act, as inserted by Schedule 4 to this Act, apply in relation to a decision made after the commencement time.
Part 6 -- Provisions relating to Schedule 5 to this Act
15 Saving--guidelines issued under other Acts
(1) This item applies to guidelines if:
(a) the guidelines were issued under section 135AA of the National Health Act 1953 or section 12 of the Data - matching Program (Assistance and Tax) Act 1990 ; and
(b) the guidelines were in force immediately before the commencement time.
(2) The guidelines have effect, after that time, as if they had been rules issued under that section, as amended by Schedule 5 to this Act.
Part 7 -- Provisions relating to other matters
16 Pre - commencement complaints
(1) This item applies if:
(a) before the commencement time, a complaint about an act or practice was made to the Commissioner under section 36 of the Privacy Act; and
(b) immediately before that time, the Commissioner has not:
(i) decided under Part V of that Act not to investigate, or not to investigate further, the act or practice; or
(ii) made a determination under section 52 of that Act in relation to the complaint.
(2) Despite the amendments of the Privacy Act made by this Act, the complaint may be dealt with under the Privacy Act after the commencement time as if those amendments had not been made.
17 Pre - commencement own initiative investigations
(1) This item applies if:
(a) before the commencement time, the Commissioner commenced an investigation under subsection 40(2) of the Privacy Act; and
(b) immediately before that time, the Commissioner has not finished conducting the investigation.
(2) Despite the amendments of the Privacy Act made by this Act, the Commissioner may continue to conduct the investigation under the Privacy Act after the commencement time as if those amendments had not been made.
18 Pre - commencement acts and practices
(1) This item applies if:
(a) before the commencement time, an act was done, or a practice was engaged in, by an agency or organisation; and
(b) the act or practice may be an interference with the privacy of an individual under section 13 or 13A of the Privacy Act (as in force immediately before that time); and
(c) immediately before that time:
(i) the individual has not made a complaint about the act or practice to the Commissioner under section 36 of that Act; and
(ii) the Commissioner has not decided to investigate the act or practice under subsection 40(2) of that Act.
(2) Despite the amendments of the Privacy Act made by this Act, the individual may, after the commencement time, complain to the Commissioner about the act or practice, and the complaint may be dealt with, under the Privacy Act as if those amendments had not been made.
(3) Despite the amendments of the Privacy Act made by this Act, the Commissioner may, after the commencement time, investigate the act or practice under subsection 40(2) of the Privacy Act as if those amendments had not been made.
19 Regulations may deal with transitional etc. matters
The Governor - General may make regulations dealing with matters of a transitional, application or saving nature relating to the amendments made by this Act.