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The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
As passed by both Houses
Privacy Amendment (Enhancing Privacy Protection) Bill 2012
No. , 2012
A Bill for an Act to amend the law relating to privacy, and for other purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedule(s)......................................................................................... 3
Schedule 1—Australian Privacy Principles 4
Privacy Act 1988 4
Schedule 2—Credit reporting 45
Privacy Act 1988 45
Schedule 3—Privacy codes 137
Privacy Act 1988 137
Schedule 4—Other amendments of the Privacy Act 1988 155
Schedule 5—Amendment of other Acts 201
Part 1—Amendments relating to the Australian Privacy Principles 201
Acts Interpretation Act 1901 201
Aged Care Act 1997 201
A New Tax System (Family Assistance) (Administration) Act 1999 201
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 202
AusCheck Act 2007 202
Australian Citizenship Act 2007 202
Australian Curriculum, Assessment and Reporting Authority Act 2008 203
Australian Passports Act 2005 203
Australian Prudential Regulation Authority Act 1998 204
Commonwealth Electoral Act 1918 204
Crimes Act 1914 204
Dairy Produce Act 1986 204
Defence Act 1903 205
Defence Force (Home Loans Assistance) Act 1990 205
Defence Home Ownership Assistance Scheme Act 2008 205
Defence Service Homes Act 1918 205
Education Services for Overseas Students Act 2000 205
Extradition Act 1988 206
Fair Work (Building Industry) Act 2012 206
Freedom of Information Act 1982 206
Healthcare Identifiers Act 2010 206
Higher Education Support Act 2003 207
Horse Disease Response Levy Collection Act 2011 207
Inspector of Transport Security Act 2006 208
Migration Act 1958 208
Military Rehabilitation and Compensation Act 2004 209
Mutual Assistance in Criminal Matters Act 1987 209
National Health Act 1953 209
National Health Reform Act 2011 210
National Health Security Act 2007 210
National Vocational Education and Training Regulator Act 2011 210
Olympic Insignia Protection Act 1987 211
Ombudsman Act 1976 211
Paid Parental Leave Act 2010 211
Personally Controlled Electronic Health Records Act 2012 211
Private Health Insurance Act 2007 211
Product Stewardship Act 2011 212
Quarantine Act 1908 212
Retirement Savings Accounts Act 1997 212
Social Security (Administration) Act 1999 212
Stronger Futures in the Northern Territory Act 2012 213
Superannuation Industry (Supervision) Act 1993 213
Supported Accommodation Assistance Act 1994 213
Telecommunications Act 1997 213
Telecommunications (Consumer Protection and Service Standards) Act 1999 215
Therapeutic Goods Act 1989 215
Trade Marks Act 1995 215
Veterans’ Entitlements Act 1986 215
Part 2—Amendments relating to credit reporting 216
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 216
Australian Crime Commission Act 2002 219
Law Enforcement Integrity Commissioner Act 2006 219
National Consumer Credit Protection Act 2009 219
Taxation Administration Act 1953 220
Part 3—Amendments relating to codes 221
Australian Information Commissioner Act 2010 221
Telecommunications Act 1997 221
Telecommunications (Consumer Protection and Service Standards) Act 1999 222
Part 4—Other amendments 223
Australian Human Rights Commission Act 1986 223
Australian Information Commissioner Act 2010 223
Crimes Act 1914 224
Data-matching Program (Assistance and Tax) Act 1990 224
Healthcare Identifiers Act 2010 225
National Health Act 1953 225
Retirement Savings Accounts Act 1997 226
Superannuation Industry (Supervision) Act 1993 226
Schedule 6—Application, transitional and savings provisions 228
Part 1—Definitions 228
Part 2—Provisions relating to Schedule 1 to this Act 229
Part 3—Provisions relating to Schedule 2 to this Act 230
Part 4—Provisions relating to Schedule 3 to this Act 231
Part 5—Provisions relating to Schedule 4 to this Act 232
Part 6—Provisions relating to Schedule 5 to this Act 235
Part 7—Provisions relating to other matters 236
A Bill for an Act to amend the law relating to privacy, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Privacy Amendment (Enhancing Privacy Protection) Act 2012 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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Commencement information |
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Column 1 |
Column 2 |
Column 3 |
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Provision(s) |
Commencement |
Date/Details |
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1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table |
The day this Act receives the Royal Assent. |
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2. Schedules 1 to 4 |
The day after the end of the period of 15 months beginning on the day this Act receives the Royal Assent. |
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3. Schedule 5, items 1 to 155 |
The day after the end of the period of 15 months beginning on the day this Act receives the Royal Assent. |
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10. Schedule 5, item 156 |
The day this Act receives the Royal Assent. |
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11. Schedule 5, items 157 to 161 |
The day after the end of the period of 15 months beginning on the day this Act receives the Royal Assent. |
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12. Schedule 5, item 162 |
The day this Act receives the Royal Assent. |
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13. Schedule 5, items 163 to 180 |
The day after the end of the period of 15 months beginning on the day this Act receives the Royal Assent. |
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16. Schedule 6, Part 1 |
The day this Act receives the Royal Assent. |
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17. Schedule 6, Parts 2 and 3 |
The day after the end of the period of 15 months beginning on the day this Act receives the Royal Assent. |
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18. Schedule 6, Part 4 |
The day this Act receives the Royal Assent. |
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19. Schedule 6, Parts 5 to 7 |
The day after the end of the period of 15 months beginning on the day this Act receives the Royal Assent. |
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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.