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Privacy Legislation Amendment (Emergencies and Disasters) Bill 2006

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2004-2005-2006

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

SENATE

 

 

 

 

 

 

 

PRIVACY LEGISLATION AMENDMENT

(EMERGENCIES AND DISASTERS) BILL 2006

 

 

Amendments to be Moved on Behalf of the Government

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Attorney-General,

the Honourable Philip Ruddock MP)



PRIVACY LEGISLATION AMENDMENT

(EMERGENCIES AND DISASTERS) BILL 2006

 

OUTLINE

 

The Privacy Legislation Amendment (Emergencies and Disasters) Bill 2006 was introduced into the Senate on 13 September 2006, and the Bill was referred to the Senate Standing Committee on Legal and Constitutional Affairs for review and report.  The Committee published its report on 12 October 2006, and endorsed the Bill subject to two recommendations that:  

·          subclause 80H(1) be amended to limit ‘permitted purpose’ to a purpose that ‘directly’ relates to the Commonwealth’s response to any emergency or disaster; and

·          a maximum period of 12 months should apply to a declaration of emergency under clause 80J and clause 80K of the Bill.

 

These recommendations are implemented through two minor Government amendments to the Bill. 

The definition of ‘permitted purpose’ is amended to provide that a ‘permitted purpose’ is a purpose that ‘directly’ relates to the Commonwealth’s response to the emergency or disaster in respect of which an emergency declaration is in force. 

 

The clause specifying the period after which an ‘emergency declaration’ will cease to have effect is amended to provide that a declaration will cease to have effect no later than the end of 12 months starting when the declaration is made, but may end earlier.

 

FINANCIAL IMPACT STATEMENT

 

The amendments have no financial impact.



NOTES ON AMENDMENTS

 

Amendment (1)

 

1.  This amendment amends subclause 80H(1) of the Bill.

 

2.  Clause 80H defines the meaning of a permitted purpose.   This is relevant to clause 80P. 

 

3.  The effect of this clause is to limit the types of situations in which the collection, use and disclosure of personal information may be authorised under clause 80P.

 

4.  A permitted purpose was defined in the Bill as introduced as a purpose that has some temporal, physical or other connection to action taken by the Commonwealth in response to an emergency or disaster in respect of which an emergency declaration under the Bill is in force.

 

5.  The amendment requires that for the purpose to be a permitted purpose , there must be a direct relationship between the purpose and the Commonwealth’s response to an emergency or disaster.    

 

Amendment (2)

 

6.  This amendment replaces the existing clause 80N in the Bill. 

 

7.   The amended clause 80N ensures that an emergency declaration made under clause 80J or clause 80K to trigger the operation of the new Part VIA can not operate indefinitely.

 

8.  Clause 80N provides that an emergency declaration expires at the earliest of:

 

·           a date specified in the declaration; or

·           the date on which the declaration is revoked; or

·           the end of 12 months after the declaration was made.

 

9.  If no date is specified for the expiry of the emergency declaration and the declaration has not been revoked, the declaration will automatically expire 12 months after the declaration is made.