(b) in any other case—from the respondent. (2) A person who has been directed to attend a conference and, without reasonable excuse: (a) fails to attend as required by the direction; or. “(4a) Subsection (2) does not prevent the Agency, or an officer acting on behalf of the Agency, from giving information or documents under paragraph 49 (1a) (e).”. (2) The Commissioner shall send to the agency, and to each person (if any) other than the agency who is interested in the application, a written invitation to notify the Commissioner, within the period specified in the invitation, whether or not the agency or other person wishes the Commissioner to hold a conference about the draft determination. (2) For the purposes of subsections (3) to (11) (inclusive): “information” includes an answer to a question. Where the Commissioner affords an agency or person an opportunity to appear before the Commissioner under subsection (5), the agency or person may, with the approval of the Commissioner, be represented by another person. (11) Subsections (4), (7) and (10) do not apply where proceedings, in respect of which giving information or producing a document might tend to incriminate an individual or make an individual liable to forfeiture or a penalty, have been commenced against the individual and have not been finally dealt with by a court or otherwise disposed of. IAB Member Q&A: Agency reflections on digital advertising in 2020 and what’s to come; Online Advertising Expenditure Report – Quarter Ended September 2020 The following National Privacy Principles (or NPPs) are particularly relevant to records relating to a person's time in 'care': An organisation must have a policy on how it manages personal information, and make it available to anyone who asks for it. The Minister may grant leave of absence from duty to the Commissioner on such terms and conditions as to remuneration or otherwise as the Minister determines. publication of Telstra's white pages telephone directory). (3) The Commissioner holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor-General. After four years of preparation and debate the GDPR was finally approved by the EU Parliament on 14 April 2016.It will enter in force 20 days after its publication in the EU Official Journal and will be directly application in all members states two years after this date. (6) The Advisory Committee shall keep a record of its proceedings. Where the Commissioner forms the opinion, either before or after completing an investigation under this Division, that there is evidence that an officer of an agency has been guilty of a breach of duty or of misconduct and that the evidence is, in all the circumstances, of sufficient force to justify the Commissioner doing so, the Commissioner shall bring the evidence to the notice of: If the Commissioner has reason to believe that a person has information or a document relevant to an investigation under this Division, the Commissioner may give to the person a written notice requiring the person: A notice given by the Commissioner under subsection (1) shall state: If the Commissioner has reason to believe that a person has information relevant to an investigation under this Division, the Commissioner may give to the person a written notice requiring the person to attend before the Commissioner at a time and place specified in the notice to answer questions relevant to the investigation. Subject to subsections (4) and (5), an agency that is in possession or control of a record of personal information shall be regarded, for the purposes of this Act, as the record-keeper in relation to that record. (3) An expression used in this section and in the Freedom of Information Act 1982 has the same meaning in this section as in that Act. Act No. SCHEDULE 1                                    Section 101. A record-keeper is not required under clause 1 of this Principle to give a person information if the record-keeper is required or authorised to refuse to give that information to the person under the applicable provisions of any law of the Commonwealth that provides for access by persons to documents. 64. Introduced in the Senate as S. 2361 by Patrick Leahy (D-VT) on May 10, 1988; Committee consideration by United States Senate Committee on the Judiciary; Passed the Senate on October 14, 1988 (voice vote) Passed the House on October 19, 1988 (voice vote) Signed into law by President Ronald Reagan on November 5, 1988 (a) an act done or a practice engaged in by a person, in relation to a record, is to be treated, under subsection (1), as having been done or engaged in by an agency; and. (d) in the case of a body corporate—by a fine not exceeding $5,000. (c) the person presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote. Circumstances in which Commissioner may decide not to investigate or may defer investigation. [Minister’s second reading speech made in—, House of Representatives on 1 November 1988, 34.    Provisions relating to documents exempt under the, Review and enforcement of determinations relating to alleged breaches of Information Privacy Principles, Enforcement of determinations relating to tax file numbers, WHEREAS Australia is a party to the International Covenant on Civil and Political Rights, the English text of which is set out in Schedule 2 to the. (b) shall be appointed as a part-time member. (b) in any other case—that the respondent has engaged in conduct constituting an interference with the privacy of an individual and should not repeat or continue such conduct; (ii) a declaration that the respondent should perform any reasonable act or course of conduct to redress any loss or damage suffered by the complainant; (iii) except where the complaint was dealt with as a representative complaint—a declaration that the complainant is entitled to a specified amount by way of compensation for any loss or damage suffered by reason of the act or practice the subject of the complaint; (iv) a declaration that it would be inappropriate for any further action to be taken in the matter. The Commissioner may, for the purposes of an investigation, obtain information from such persons, and make such inquiries, as he or she thinks fit. A person, body or agency to whom personal information is disclosed under clause 1 of this Principle shall not use or disclose the information for a purpose other than the purpose for which the information was given to the person, body or agency. A person shall not furnish information or make a statement to the Commissioner knowing that it is false or misleading in a material particular. (b) the information is solicited by the collector from the individual concerned; the collector shall take such steps (if any) as are, in the circumstances, reasonable to ensure that, before the information is collected or, if that is not practicable, as soon as practicable after the information is collected, the individual concerned is generally aware of: (c) the purpose for which the information is being collected; (d) if the collection of the information is authorised or required by or under law—the fact that the collection of the information is so authorised or required; and. The Commissioner shall be paid such allowances as are prescribed. A file number recipient shall not do an act, or engage in a practice, that breaches a guideline issued under section 17. 87. Relief for breach etc. 13. (b) to refuse or fail to produce a document when so required under this Act; that giving the information, or producing the document, as the case may be, might tend to incriminate the individual or make the individual liable to forfeiture or a penalty. For the latest COVID-19 news, updates and advice from the Australian Government, visit Australia.gov.au (4) The court may discharge or vary an injunction granted under this section. (3) On an application under this section, the Federal Court may make such other orders as it thinks fit with a view to securing compliance by the respondent with section 55 or 56, as the case may be. This Division applies to a determination under section 52 that: (b) includes a declaration that the respondent has engaged in conduct that constitutes an interference with the privacy of the complainant because it breaches an Information Privacy Principle. (b) the document is a copy of another document and has had deleted from it such information as reveals the identity of the person. Where personal information is disclosed for the purposes of enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the purpose of the protection of the public revenue, the record-keeper shall include in the record containing that information a note of the disclosure. In considering an application made under this section, the Attorney-General shall have regard to any hardship to the applicant that refusal of the application would involve. Nothing in this Act shall be taken to have the effect of making the Crown in right of a State, of the Northern Territory or of Norfolk Island an agency for the purposes of this Act. A record-keeper shall maintain a record setting out: A record-keeper who has possession or control of a record that contains personal information shall take such steps (if any), by way of making appropriate corrections, deletions and additions as are, in the circumstances, reasonable to ensure that the record: The obligation imposed on a record-keeper by clause 1 is subject to any applicable limitation in a law of the Commonwealth that provides a right to require the correction or amendment of documents. 76. (1) A Privacy Advisory Committee is established. Application of Information Privacy Principles. The court may discharge or vary an injunction granted under this section. (a) an Act of which the Commissioner of Taxation has the general administration (other than an Act prescribed for the purposes of paragraph (b) of the definition of “taxation law” in section 2 of the, Where the Attorney-General furnishes to the Commissioner a certificate certifying that the giving to the Commissioner of information concerning a specified matter (including the giving of information in answer to a question), or the production to the Commissioner of a specified. (e) states why the Commissioner is not satisfied that reasonable steps have been taken to prevent a repetition of the act or a continuation of the practice; and shall serve a copy of the report on the Minister (if any) responsible for the agency or recipient. A breach o… (2) Nothing in this Act renders the Crown in right of the Commonwealth, of a State, of the Northern Territory or of Norfolk Island liable to be prosecuted for an offence. (e) may serve a copy of the report on any person affected by the act or practice. (b) a written determination dismissing the application. The Australia Privacy Act of 1988 regulates the way in which business entities and federal government agencies must handle personal information. Home — Office of the Australian Information Commissioner (OAIC) We are the independent national regulator for privacy and freedom of information. 66.    Failure to give information etc. Neither the Commissioner nor a person acting under his or her direction or authority is liable to an action, suit or proceeding in relation to an act done or omitted to be done in good faith in the exercise or purported exercise of any power or authority conferred by this Act. of certain obligations of confidence, 96.    Non-disclosure of private information, INTERIM GUIDELINES CONCERNING THE COLLECTION, STORAGE, USE AND SECURITY OF TAX FILE NUMBER INFORMATION, An Act to make provision to protect the privacy of individuals, and for related purposes. The Office of the Australian Information Commissioner (OAIC) is the independent statutory agency that was created by the Australian Information Commissioner Act 2010 (Cth) (“AICA 2010”) to administer the PA 1988 and the Freedom of Information Act 1982 (Cth) (“FoI Act (Cth)”). On an application under this section, the Federal Court may make such other orders as it thinks fit with a view to securing compliance by the respondent with section 55 or 56, as the case may be. (5) At a meeting of the Advisory Committee: (b) all questions shall be decided by a majority of votes of the members present and voting; and. “court” includes any tribunal, authority or person having power to require the production of documents or the answering of questions; 97. (3) Orders made by the Federal Court under subsection (2) may give effect to a determination of the Commissioner. (7) Where the Commissioner makes an application to the court for the grant of an injunction under this section, the court shall not require the Commissioner or any other person, as a condition of the granting of an interim injunction, to give any undertakings as to damages. (b) no decision or recommendation to the effect that the record should be amended wholly or partly in accordance with that request has been made under the applicable provisions of a law of the Commonwealth; the record-keeper shall, if so requested by the individual concerned, take such steps (if any) as are reasonable in the circumstances to attach to the record any statement provided by that individual of the correction, deletion or addition sought. After “shall” insert “, unless the complaint has been transferred under subsection (4a),”. (e) at least one shall be a person who has had extensive experience in the promotion of civil liberties. (4) Until the first guidelines take effect for the purposes of subsection (1), the interim guidelines set out in Schedule 2 have effect, for the purposes of any provision of this Act other than subsection (1), (2) or (3), as if they were guidelines issued under subsection (1). Omit “or 27”, substitute “, 27 or 27a”. The Commissioner shall send to the agency, and to each person (if any) other than the agency who is interested in the application, a written invitation to notify the Commissioner, within the period specified in the invitation, whether or not the agency or other person wishes the Commissioner to hold a conference about the draft determination. Our privacy policy sets out how we comply with the Privacy Act 1988. (1) The Commissioner may require a person attending a conference under this Division to produce a document. (1) An agency may apply in accordance with the regulations for a determination under section 72 about an act or practice. (4) Where the Commissioner makes a determination under section 72 on an application made by virtue of subsection (2), that section has effect, in relation to each of the agencies on whose behalf the application was made as if the determination had been made on an application by that agency. b) Companies The due date for lodging and paying is displayed on your business activity statement (BAS). 38. 28. (a) a record of personal information (not being a record relating to the administration of the Australian Archives) is in the custody of the Australian Archives; or. 1. (1) Where an agency fails to comply with section 55, the person on whose complaint the determination was made or the Commissioner may apply to the Federal Court for an order directing the agency to comply with that section. 7.2 “Investment body” means a person who is an investment body for the purposes of Part Va of the Income Tax Assessment Act 1936. 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