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Keeping Jobs from Going Offshore (Protection of Personal Information) Bill 2009 [2010]

Part 5 Interaction with Trade Practices Law

   

14   Interaction with Trade Practices Law

             (1)  This Act is intended to supplement the Trade Practices Law to enhance consumer protection in relation to the fair handling of personal information.

             (2)  Nothing in this Act removes or reduces any obligation placed on any individual or organisation by the Trade Practices Law.

15   Intentional breach of consent condition

             (1)  For the purposes of the Trade Practices Law, an organisation that:

                     (a)  intentionally effects a transfer of personal information about an individual in contravention of section 5; or

                     (b)  takes any action in contravention of section 8; or

                     (c)  fails to make a disclosure required by section 10;

is taken to have contravened a mandatory industry code .

             (2)  An organisation that is taken to have contravened a mandatory industry code because of this section may be dealt with in accordance with Part VI of the Trade Practices Act.

Note:          Part VI of the Trade Practices Act deals with enforcement and remedies.

             (3)  This section has effect only in relation to organisations which are corporations within the meaning of section 4 of the Trade Practices Act.