could someone please tell me how to interpret this PDF and how to actually use the damn thing: PRIVACY ACT 1988 TABLE OF PROVISIONS Long Title PART I--PRELIMINARY 1. Short title 2. Commencement 2A. Objects of this Act 3. Saving of certain State and Territory laws 3A. Application of the Criminal Code 4. Act to bind the Crown 5A. Extension to external Territories 5B. Extra-territorial operation of Act PART II--INTERPRETATION Division 1--General definitions 6. Interpretation 6AA. Meaning of responsible person 6A. Breach of an Australian Privacy Principle 6B. Breach of a registered APP code 6BA. Breach of the registered CR code 6C. Organisations 6D. Small business and small business operators 6DA. What is the annual turnover of a business? 6E. Small business operator treated as organisation 6EA. Small business operators choosing to be treated as organisations 6F. State instrumentalities etc. treated as organisations Division 2--Key definitions relating to credit reporting Subdivision A--Credit provider 6G. Meaning of credit provider 6H. Agents of credit providers 6J. Securitisation arrangements etc. 6K. Acquisition of the rights of a credit provider Subdivision B--Other definitions 6L. Meaning of access seeker 6M. Meaning of credit and amount of credit 6N. Meaning of credit information 6P. Meaning of credit reporting business 6Q. Meaning of default information 6R. Meaning of information request 6S. Meaning of new arrangement information 6T. Meaning of payment information 6U. Meaning of personal insolvency information 6V. Meaning of repayment history information Division 3--Other matters 7. Acts and practices of agencies, organisations etc. 7A. Acts of certain agencies treated as acts of organisation 7B. Exempt acts and exempt practices of organisations 7C. Political acts and practices are exempt 8. Acts and practices of, and disclosure of information to, staff of agency, organisation etc. 10. Agencies that are taken to hold a record 11. File number recipients 12A. Act not to apply in relation to State banking or insurance within that State 12B. Severability--additional effect of this Act PART III--INFORMATION PRIVACY Division 1--Interferences with privacy 13. Interferences with privacy 13B. Related bodies corporate 13C. Change in partnership because of change in partners 13D. Overseas act required by foreign law 13E. Effect of sections 13B, 13C and 13D 13F. Act or practice not covered by section 13 is not an interference with privacy 13G. Serious and repeated interferences with privacy Division 2--Australian Privacy Principles 14. Australian Privacy Principles 15. APP entities must comply with Australian Privacy Principles 16. Personal, family or household affairs 16A. Permitted general situations in relation to the collection, use or disclosure of personal information 16B. Permitted health situations in relation to the collection, use or disclosure of health information 16C. Acts and practices of overseas recipients of personal information Division 4--Tax file number information 17. Rules relating to tax file number information 18. File number recipients to comply with rules PART IIIA--CREDIT REPORTING Division 1--Introduction 19. Guide to this Part Division 2--Credit reporting bodies Subdivision A--Introduction and application of this Division etc 20. Guide to this Division 20A. Application of this Division and the Australian Privacy Principles to credit reporting bodies Subdivision B--Consideration of information privacy 20B. Open and transparent management of credit reporting information Subdivision C--Collection of credit information 20C. Collection of solicited credit information 20D. Dealing with unsolicited credit information Subdivision D--Dealing with credit reporting information etc 20E. Use or disclosure of credit reporting information 20F. Permitted CRB disclosures in relation to individuals 20G. Use or disclosure of credit reporting information for the purposes of direct marketing 20H. Use or disclosure of pre-screening assessments 20J. Destruction of pre-screening assessment 20K. No use or disclosure of credit reporting information during a ban period 20L. Adoption of government related identifiers 20M. Use or disclosure of credit reporting information that is de-identified Subdivision E--Integrity of credit reporting information 20N. Quality of credit reporting information 20P. False or misleading credit reporting information 20Q. Security of credit reporting information Subdivision F--Access to, and correction of, information 20R. Access to credit reporting information 20S. Correction of credit reporting information 20T. Individual may request the correction of credit information etc. 20U. Notice of correction etc. must be given Subdivision G--Dealing with credit reporting information after the retention period ends etc 20V. Destruction etc. of credit reporting information after the retention period ends 20W. Retention period for credit information--general 20X. Retention period for credit information--personal insolvency information 20Y. Destruction of credit reporting information in cases of fraud 20Z. Dealing with information if there is a pending correction request etc. 20ZA. Dealing with information if an Australian law etc. requires it to be retained Division 3--Credit providers Subdivision A--Introduction and application of this Division 21. Guide to this Division 21A. Application of this Division to credit providers Subdivision B--Consideration of information privacy 21B. Open and transparent management of credit information etc. Subdivision C--Dealing with credit information 21C. Additional notification requirements for the collection of personal information etc. 21D. Disclosure of credit information to a credit reporting body 21E. Payment information must be disclosed to a credit reporting body 21F. Limitation on the disclosure of credit information during a ban period Subdivision D--Dealing with credit eligibility information etc 21G. Use or disclosure of credit eligibility information 21H. Permitted CP uses in relation to individuals 21J. Permitted CP disclosures between credit providers 21K. Permitted CP disclosures relating to guarantees etc. 21L. Permitted CP disclosures to mortgage insurers 21M. Permitted CP disclosures to debt collectors 21N. Permitted CP disclosures to other recipients 21NA. Disclosures to certain persons and bodies that do not have an Australian link 21P. Notification of a refusal of an application for consumer credit Subdivision E--Integrity of credit information and credit eligibility information 21Q. Quality of credit eligibility information 21R. False or misleading credit information or credit eligibility information 21S. Security of credit eligibility information Subdivision F--Access to, and correction of, information 21T. Access to credit eligibility information 21U. Correction of credit information or credit eligibility information 21V. Individual may request the correction of credit information etc. 21W. Notice of correction etc. must be given Division 4--Affected information recipients 22. Guide to this Division Subdivision A--Consideration of information privacy 22A. Open and transparent management of regulated information Subdivision B--Dealing with regulated information 22B. Additional notification requirements for affected information recipients 22C. Use or disclosure of information by mortgage insurers or trade insurers 22D. Use or disclosure of information by a related body corporate 22E. Use or disclosure of information by credit managers etc. 22F. Use or disclosure of information by advisers etc. Division 5--Complaints 23. Guide to this Division 23A. Individual may complain about a breach of a provision of this Part etc. 23B. Dealing with complaints 23C. Notification requirements relating to correction complaints Division 6--Unauthorised obtaining of credit reporting information etc 24. Obtaining credit reporting information from a credit reporting body 24A. Obtaining credit eligibility information from a credit provider Division 7--Court orders 25. Compensation orders 25A. Other orders to compensate loss or damage PART IIIB--PRIVACY CODES Division 1--Introduction 26. Guide to this Part Division 2--Registered APP codes Subdivision A--Compliance with registered APP codes etc 26A. APP entities to comply with binding registered APP codes 26B. What is a registered APP code 26C. What is an APP code 26D. Extension of Act to exempt acts or practices covered by registered APP codes Subdivision B--Development and registration of APP codes 26E. Development of APP codes by APP code developers 26F. Application for registration of APP codes 26G. Development of APP codes by the Commissioner 26H. Commissioner may register APP codes Subdivision C--Variation and removal of registered APP codes 26J. Variation of registered APP codes 26K. Removal of registered APP codes Division 3--Registered CR code Subdivision A--Compliance with the registered CR code 26L. Entities to comply with the registered CR code if bound by the code 26M. What is the registered CR code 26N. What is a CR code Subdivision B--Development and registration of CR code 26P. Development of CR code by CR code developers 26Q. Application for registration of CR code 26R. Development of CR code by the Commissioner 26S. Commissioner may register CR code Subdivision C--Variation of the registered CR code 26T. Variation of the registered CR code Division 4--General matters 26U. Codes Register 26V. Guidelines relating to codes 26W. Review of operation of registered codes PART IV--FUNCTIONS OF THE INFORMATION COMMISSIONER Division 2--Functions of Commissioner 27. Functions of the Commissioner 28. Guidance related functions of the Commissioner 28A. Monitoring related functions of the Commissioner 28B. Advice related functions of the Commissioner 29. Commissioner must have due regard to the objects of the Act Division 3--Reports by Commissioner 30. Reports following investigation of act or practice 31. Report following examination of proposed enactment 32. Commissioner may report to the Minister if the Commissioner has monitored certain activities etc. 33. Exclusion of certain matters from reports 33B. Copies of certain reports to be given to the Norfolk Island Justice Minister Division 3A--Assessments by, or at the direction of, the Commissioner 33C. Commissioner may conduct an assessment relating to the Australian Privacy Principles etc. 33D. Commissioner may direct an agency to give a privacy impact assessment Division 3B--Enforceable undertakings 33E. Commissioner may accept undertakings 33F. Enforcement of undertakings Division 4--Miscellaneous 34. Provisions relating to documents exempt under the Freedom of Information Act 1982 35. Direction where refusal or failure to amend exempt document 35A. Commissioner may recognise external dispute resolution schemes PART V--INVESTIGATIONS ETC. Division 1A--Introduction 36A. Guide to this Part Division 1--Investigation of complaints and investigations on the Commissioners initiative 36. Complaints 37. Principal executive of agency 38. Conditions for making a representative complaint 38A. Commissioner may determine that a complaint is not to continue as a representative complaint 38B. Additional rules applying to the determination of representative complaints 38C. Amendment of representative complaints 39. Class member for representative complaint not entitled to lodge individual complaint 40. Investigations 40A. Conciliation of complaints 41. Commissioner may or must decide not to investigate etc. in certain circumstances 42. Preliminary inquiries 43. Conduct of investigations 43A. Interested party may request a hearing 44. Power to obtain information and documents 45. Power to examine witnesses 46. Directions to persons to attend compulsory conference 47. Conduct of compulsory conference 48. Complainant and certain other persons to be informed of various matters 49. Investigation under section 40 to cease if certain offences may have been committed 49A. Investigation under section 40 to cease if civil penalty provision under Personal Property Securities Act 2009 may have been contravened 50. Reference of matters to other authorities 50A. Substitution of respondent to complaint 51. Effect of investigation by Auditor-General Division 2--Determinations following investigation of complaints 52. Determination of the Commissioner 53. Determination must identify the class members who are to be affected by the determination 53A. Notice to be given to outsourcing agency 53B. Substituting an agency for a contracted service provider Division 3--Enforcement 54. Application of Division 55. Obligations of organisations and small business operators 55A. Proceedings in the Federal Court or Federal Circuit Court to enforce a determination 55B. Evidentiary certificate Division 4--Review and enforcement of determinations involving Commonwealth agencies 57. Application of Division 58. Obligations of agencies 59. Obligations of principal executive of agency 60. Compensation and expenses 62. Enforcement of determination against an agency Division 5--Miscellaneous 63. Legal assistance 64. Commissioner etc. not to be sued 65. Failure to attend etc. before Commissioner 66. Failure to give information etc. 67. Protection from civil actions 68. Power to enter premises 68A. Identity cards 70. Certain documents and information not required to be disclosed 70B. Application of this Part to former organisations PART VI--PUBLIC INTEREST DETERMINATIONS AND TEMPORARY PUBLIC INTEREST DETERMINATIONS Division 1--Public interest determinations 71. Interpretation 72. Power to make, and effect of, determinations 73. Application by APP entity 74. Publication of application etc. 75. Draft determination 76. Conference 77. Conduct of conference 78. Determination of application 79. Making of determination Division 2--Temporary public interest determinations 80A. Temporary public interest determinations 80B. Effect of temporary public interest determination 80D. Commissioner may continue to consider application Division 3--Register of determinations 80E. Register of determinations PART VIA--DEALING WITH PERSONAL INFORMATION IN EMERGENCIES AND DISASTERS Division 1--Object and interpretation 80F. Object 80G. Interpretation 80H. Meaning of permitted purpose Division 2--Declaration of emergency 80J. Declaration of emergency--events of national significance 80K. Declaration of emergency--events outside Australia 80L. Form of declarations 80M. When declarations take effect 80N. When declarations cease to have effect Division 3--Provisions dealing with the use and disclosure of personal information 80P. Authorisation of collection, use and disclosure of personal information Division 4--Other matters 80Q. Disclosure of information--offence 80R. Operation of Part 80S. Severability--additional effect of Part 80T. Compensation for acquisition of property--constitutional safety net PART VIB--CIVIL PENALTY ORDERS Division 1--Civil penalty provisions 80U. Civil penalty provisions 80V. Ancillary contravention of civil penalty provisions Division 2--Obtaining a civil penalty order 80W. Civil penalty orders 80X. Civil enforcement of penalty 80Y. Conduct contravening more than one civil penalty provision 80Z. Multiple contraventions 80ZA. Proceedings may be heard together 80ZB. Civil evidence and procedure rules for civil penalty orders 80ZC. Contravening a civil penalty provision is not an offence Division 3--Civil proceedings and criminal proceedings 80ZD. Civil proceedings after criminal proceedings 80ZE. Criminal proceedings during civil proceedings 80ZF. Criminal proceedings after civil proceedings 80ZG. Evidence given in proceedings for civil penalty order not admissible in criminal proceedings PART VII--PRIVACY ADVISORY COMMITTEE 81. Interpretation 82. Establishment and membership 83. Functions 84. Leave of absence 85. Removal and resignation of members 86. Disclosure of interests of members 87. Meetings of Advisory Committee 88. Travel allowance PART VIII--OBLIGATIONS OF CONFIDENCE 89. Obligations of confidence to which Part applies 90. Application of Part 91. Effect of Part on other laws 92. Extension of certain obligations of confidence 93. Relief for breach etc. of certain obligations of confidence 94. Jurisdiction of courts PART IX--MISCELLANEOUS 95. Medical research guidelines 95A. Guidelines for Australian Privacy Principles about health information 95AA. Guidelines for Australian Privacy Principles about genetic information 95B. Requirements for Commonwealth contracts 95C. Disclosure of certain provisions of Commonwealth contracts 96. Review by the Administrative Appeals Tribunal 98. Injunctions 98A. Treatment of partnerships 98B. Treatment of unincorporated associations 98C. Treatment of trusts 99A. Conduct of directors, employees and agents 100. Regulations SCHEDULE 1 Australian Privacy Principles
Posted on: Tue, 17 Jun 2014 09:24:03 +0000
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