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The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Privacy Amendment (Enhancing Privacy Protection) Bill 2012
No. , 2012
(Attorney-General)
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)......................................................................................... 4
Schedule 1—Australian Privacy Principles 5
Privacy Act 1988 5
Schedule 2—Credit reporting 46
Privacy Act 1988 46
Schedule 3—Privacy codes 136
Privacy Act 1988 136
Schedule 4—Other amendments of the Privacy Act 1988 154
Schedule 5—Amendment of other Acts 200
Part 1—Amendments relating to the Australian Privacy Principles 200
Acts Interpretation Act 1901 200
Aged Care Act 1997 200
A New Tax System (Family Assistance) (Administration) Act 1999 200
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 201
AusCheck Act 2007 201
Australian Citizenship Act 2007 201
Australian Curriculum, Assessment and Reporting Authority Act 2008 202
Australian Passports Act 2005 202
Australian Prudential Regulation Authority Act 1998 203
Commonwealth Electoral Act 1918 203
Crimes Act 1914 203
Dairy Produce Act 1986 203
Defence Act 1903 204
Defence Force (Home Loans Assistance) Act 1990 204
Defence Home Ownership Assistance Scheme Act 2008 204
Defence Service Homes Act 1918 204
Education Services for Overseas Students Act 2000 204
Extradition Act 1988 205
Fair Work (Building Industry) Act 2012 205
Freedom of Information Act 1982 205
Healthcare Identifiers Act 2010 205
Higher Education Support Act 2003 206
Horse Disease Response Levy Collection Act 2011 206
Inspector of Transport Security Act 2006 207
Migration Act 1958 207
Military Rehabilitation and Compensation Act 2004 208
Mutual Assistance in Criminal Matters Act 1987 208
National Health Act 1953 208
National Health Reform Act 2011 209
National Health Security Act 2007 209
National Vocational Education and Training Regulator Act 2011 209
Olympic Insignia Protection Act 1987 210
Ombudsman Act 1976 210
Paid Parental Leave Act 2010 210
Personally Controlled Electronic Health Records Act 2012 210
Private Health Insurance Act 2007 210
Product Stewardship Act 2011 211
Quarantine Act 1908 211
Retirement Savings Accounts Act 1997 211
Social Security (Administration) Act 1999 211
Stronger Futures in the Northern Territory Act 2012 212
Superannuation Industry (Supervision) Act 1993 212
Supported Accommodation Assistance Act 1994 212
Telecommunications Act 1997 212
Telecommunications (Consumer Protection and Service Standards) Act 1999 214
Therapeutic Goods Act 1989 214
Trade Marks Act 1995 214
Veterans’ Entitlements Act 1986 214
Part 2—Amendments relating to credit reporting 215
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 215
Australian Crime Commission Act 2002 218
Law Enforcement Integrity Commissioner Act 2006 218
National Consumer Credit Protection Act 2009 218
Taxation Administration Act 1953 219
Part 3—Amendments relating to codes 220
Australian Information Commissioner Act 2010 220
Telecommunications Act 1997 220
Telecommunications (Consumer Protection and Service Standards) Act 1999 221
Part 4—Other amendments 222
Australian Human Rights Commission Act 1986 222
Australian Information Commissioner Act 2010 222
Crimes Act 1914 223
Data-matching Program (Assistance and Tax) Act 1990 223
Healthcare Identifiers Act 2010 224
National Health Act 1953 224
Retirement Savings Accounts Act 1997 225
Superannuation Industry (Supervision) Act 1993 225
Schedule 6—Application, transitional and savings provisions 227
Part 1—Definitions 227
Part 2—Provisions relating to Schedule 1 to this Act 228
Part 3—Provisions relating to Schedule 2 to this Act 229
Part 4—Provisions relating to Schedule 3 to this Act 230
Part 5—Provisions relating to Schedule 4 to this Act 231
Part 6—Provisions relating to Schedule 5 to this Act 234
Part 7—Provisions relating to other matters 235
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 9 months beginning on the day this Act receives the Royal Assent. |
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3. Schedule 5, items 1 to 70 |
The day after the end of the period of 9 months beginning on the day this Act receives the Royal Assent. |
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4. Schedule 5, item 71 |
The later of: (a) the start of the day after the end of the period of 9 months beginning on the day this Act receives the Royal Assent; and (b) immediately after the commencement of section 73 of the Personally Controlled Electronic Health Records Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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5. Schedule 5, items 72 to 79 |
The day after the end of the period of 9 months beginning on the day this Act receives the Royal Assent. |
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6. Schedule 5, item 80 |
The later of: (a) the start of the day after the end of the period of 9 months beginning on the day this Act receives the Royal Assent; and (b) immediately after the commencement of section 105 of the Stronger Futures in the Northern Territory Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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7. Schedule 5, items 81 to 131 |
The day after the end of the period of 9 months beginning on the day this Act receives the Royal Assent. |
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8. Schedule 5 item 132 |
The later of: (a) the start of the day after the end of the period of 9 months beginning on the day this Act receives the Royal Assent; and (b) immediately after the commencement of item 24 of Schedule 5 to the Consumer Credit and Corporations Legislation Amendment (Enhancements) Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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9. Schedule 5, items 133 to 155 |
The day after the end of the period of 9 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 9 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 171 |
The day after the end of the period of 9 months beginning on the day this Act receives the Royal Assent. |
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14. Schedule 5, item 172 |
The later of: (a) the start of the day after the end of the period of 9 months beginning on the day this Act receives the Royal Assent; and (b) immediately after the commencement of item 32 of Schedule 1 to the Personally Controlled Electronic Health Records (Consequential Amendments) Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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15. Schedule 5, items 173 to 180 |
The day after the end of the period of 9 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 9 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 9 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.