Privacy Act 1988
Sections and provisions with full text and the judgments that cite each one.
Section 65 — Failure to attend etc. before Commissioner
(1) A person shall not: (a) refuse or fail to attend before the Commissioner; or (b) refuse or fail to be sworn or make an affirmation; when so required under this Act. Penalty: Imprisonment for 12…
Section 66 — Failure to give information etc.
Basic contravention (1) A person contravenes this subsection if: (a) the person is required to give information, answer a question or produce a document or record under this Act; and (b) the person…
Section 67 — Protection from civil actions
Civil proceedings do not lie against a person in respect of loss, damage or injury of any kind suffered by another person because of any of the following acts done in good faith: (a) the making of a…
Section 70 — Certain documents and information not required to be disclosed
(1) Where the Attorney-General furnishes to the Commissioner a certificate certifying that the giving to the Commissioner of information concerning a specified matter (including the giving of…
Section 70B — Application of this Part to former organisations
If an individual, body corporate, partnership, unincorporated association or trust ceases to be an organisation but continues to exist, this Part operates in relation to: (a) an act or practice of…
Section 71 — Interpretation
For the purposes of this Part, a person is interested in an application made under section 73 if, and only if, the Commissioner is of the opinion that the person has a real and substantial interest…
Section 72 — Power to make, and effect of, determinations
Determinations about an APP entity’s acts and practices (2) Subject to this Division, if the Commissioner is satisfied that: (a) an act or practice of an APP entity breaches, or may breach: (i) an…
Section 73 — Application by APP entity
(1) An APP entity may apply in accordance with the regulations for a determination under section 72 about an act or practice of the entity. (1A) If: (a) an application is made under subsection (1);…
Section 74 — Publication of application etc.
(1) Subject to subsection (2), the Commissioner shall publish, in such manner as he or she thinks fit, notice of: (a) the receipt by the Commissioner of an application; and (b) if the Commissioner…
Section 75 — Draft determination
(1) The Commissioner shall prepare a draft of his or her proposed determination in relation to the application unless the Commissioner dismisses the application under subsection 73(1A). (2) If the…
Section 76 — Conference
(1) If an agency, organisation or person notifies the Commissioner, within the period specified in an invitation sent to the agency, organisation or person, that the agency, organisation or person…
Section 77 — Conduct of conference
(1) At the conference, the agency or organisation is entitled to be represented by a person who is, or persons each of whom is, an officer or employee of the agency or organisation. (2) At the…
Section 78 — Determination of application
The Commissioner shall, after complying with this Part in relation to the application, make: (a) such determination under section 72 as he or she considers appropriate; or (b) a written determination…
Section 79 — Making of determination
(1) The Commissioner shall, in making a determination, take account of all matters raised at the conference. (2) The Commissioner shall, in making a determination, take account of all submissions…
Section 80A — Temporary public interest determinations
(1) This section applies if the Commissioner is satisfied that: (a) the act or practice of an APP entity that is the subject of an application under section 73 for a determination under section 72…
Section 80KA — Matters covered by declarations
Matters that must be specified (1) Without limiting section 80J or 80K, an emergency declaration must specify the following matters: (a) the kind or kinds of personal information to which the…
Section 80TA — Simplified outline of this Part
Certain provisions, information and matters are subject to monitoring under Part 2 of the Regulatory Powers Act. Certain provisions are subject to investigation under Part 3 of the Regulatory Powers…
Section 80UA — Powers of court to make other orders
(1) The Federal Court, or the Federal Circuit and Family Court of Australia (Division 2), may make an order under this section in proceedings if, in the proceedings, the Court has determined, or will…
Section 80B — Effect of temporary public interest determination
APP entity covered by a determination (1) If an act or practice of an APP entity is the subject of a temporary public interest determination, the entity is taken not to breach section 15 or 26A if…
Section 80TB — Monitoring powers
Provisions subject to monitoring (1) The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act: (a) Divisions 2 and 3 of Part VIIC of the Crimes Act 1914 (pardons,…
Section 80UB — Infringement notices
Provisions subject to an infringement notice (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act: (a) subsections 13K(1) and (2) (civil…
Section 80TC — Modifications of Part 2 of the Regulatory Powers Act
Use of force in executing a monitoring warrant In executing a monitoring warrant under Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection…
Section 80UC — Compliance notices
Giving a compliance notice (1) Any of the following persons may give an entity a notice if the person reasonably believes that the entity has contravened subsection 13K(1) or (2) (civil penalty…
Section 80D — Commissioner may continue to consider application
(1) The fact that the Commissioner has made a determination under this Division about an act or practice does not prevent the Commissioner from dealing under Division 1 with an application made under…
Section 80TD — Investigation powers
Provisions subject to investigation (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is: (a) an offence provision, or a civil penalty provision, in this…
Section 80UD — Review of compliance notices
(1) An entity that has been given a notice under subsection 80UC(1) may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for a review of the notice on…
Section 80E — Register of determinations
(1) The Commissioner must keep a register of determinations made under Division 1 or 2. (2) The Commissioner may decide the form of the register and how it is to be kept. (3) The Commissioner must…
Section 80TE — Modifications of Part 3 of the Regulatory Powers Act
Use of force in executing an investigation warrant (1) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that…
Section 80F — Object
The object of this Part is to make special provision for the collection, use and disclosure of personal information in emergencies and disasters.
Section 80G — Interpretation
(1) In this Part: duty of confidence means any duty or obligation arising under the common law or at equity pursuant to which a person is obliged not to disclose information, but does not include…
Section 80J — Declaration of emergency—events of national significance
(1) The Prime Minister or the Minister may, by writing, make a declaration under this section if the Prime Minister or the Minister (as the case may be) is satisfied that: (a) an emergency or…
Section 80K — Declaration of emergency—events outside Australia
(1) The Prime Minister or the Minister may, in writing, make a declaration under this section if the Prime Minister or the Minister (as the case may be) is satisfied that: (a) an emergency or…
Section 80N — When declarations cease to be in force
An emergency declaration ceases to be in force at the earliest of the following: (a) if a time at which the declaration will cease to be in force is specified in the declaration—at that time; (b) the…
Section 80P — Authorisation of collection, use and disclosure of personal information
(1) At any time when an emergency declaration is in force in relation to an emergency or disaster, an entity may collect, use or disclose personal information relating to an individual if: (a) the…
Section 80Q — Disclosure of information—offence
(1) A person (the first person) commits an offence if: (a) personal information that relates to an individual is disclosed to the first person because of the operation of this Part; and (b) the first…
Section 80R — Operation of Part
(1) The operation of this Part is not limited by a secrecy provision of any other Commonwealth law (whether made before or after the commencement of this Act) except to the extent that the secrecy…
Section 80S — Severability—additional effect of Part
(1) Without limiting its effect apart from each of the following subsections of this section, this Part has effect in relation to a collection, use or disclosure as provided by that subsection. (2)…
Section 80T — Compensation for acquisition of property—constitutional safety net
(1) If the operation of this Part would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the…
Section 80U — Civil penalty provisions
Enforceable civil penalty provisions (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act. Note: Part 4 of the Regulatory Powers Act allows a civil…
Section 80V — Enforceable undertakings
Enforceable provisions (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act. Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and…
Section 80W — Injunctions
Enforceable provisions (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act. Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to…
Section 81 — Interpretation
In this Part, unless the contrary intention appears: Advisory Committee means the Privacy Advisory Committee established by subsection 82(1). member means a member of the Advisory Committee.
Section 82 — Establishment and membership
(1) A Privacy Advisory Committee is established. (2) The Advisory Committee shall consist of: (a) the Commissioner; and (aa) the Privacy Commissioner (within the meaning of the Australian Information…
Section 83 — Functions
The functions of the Advisory Committee are: (a) on its own initiative, or when requested by the Commissioner, to advise the Commissioner on matters relevant to his or her functions; (b) to recommend…
Section 84 — Leave of absence
The convenor may, on such terms and conditions as the convenor thinks fit, grant to another member leave to be absent from a meeting of the Advisory Committee.
Section 85 — Removal and resignation of members
(1) The Governor-General may terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity. (2) The Governor-General shall terminate the appointment of an…
Section 86 — Disclosure of interests of members
(1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Advisory Committee, being an interest that could conflict with the proper…
Section 87 — Meetings of Advisory Committee
(1) The convenor may convene such meetings of the Advisory Committee as the convenor considers necessary for the performance of the Committee’s functions. (2) Meetings of the Advisory Committee shall…
Section 88 — Travel allowance
An appointed member is entitled to be paid travelling allowance in accordance with the regulations.
Section 89 — Obligations of confidence to which Part applies
Unless the contrary intention appears, a reference in this Part to an obligation of confidence is a reference to an obligation of confidence: (a) to which an agency or a Commonwealth officer is…