Information Privacy Regulation 2014 (ACT)

Information Privacy Regulation 2014   

SL2014-25

made under the

Information Privacy Act 2014

Republication No 6

Effective:  12 December 2023

Republication date: 12 December 2023

Last amendment made by A2023‑57

About this republication

The republished law

This is a republication of the Information Privacy Regulation 2014, made under the Information Privacy Act 2014 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 December 2023.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 12 December 2023. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Information Privacy Regulation 2014

made under the

Information Privacy Act 2014

Contents

Page

1            Name of regulation  2

3            Dictionary  2

4            Notes  2

5            Asbestos Response Taskforce a public sector agency—Act, s 9 (h)        2

5A          Prescribed interstate laws—Act, s 21 (4), def corresponding privacy law, par (b)       2

6            Exemption—residential premises and loose-fill asbestos insulation—Act, s 25 (1) (h)    3

7           Exemption—ACT courts case management system project—Act, s 25 (1) (h)   3

Dictionary5

Endnotes

1            About the endnotes  6

2            Abbreviation key  6

3            Legislation history  7

4            Amendment history  8

5            Earlier republications  9

Information Privacy Regulation 2014

made under the

Information Privacy Act 2014

1. Name of regulation

   This regulation is the Information Privacy Regulation 2014.

2. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘class, of a building—see the Building Act 2004, dictionary.’ means that the term ‘class’ is defined in that dictionary and the definition applies to this regulation.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Asbestos Response Taskforce a public sector agency—Act, s 9 (h)

   The asbestos response taskforce is prescribed.

5APrescribed interstate laws—Act, s 21 (4), def corresponding privacy law, par (b)

The following laws are prescribed:

(a)Privacy and Personal Information Protection Act 1998 (NSW);

(b)Privacy and Data Protection Act 2014 (Vic).

1. Exemption—residential premises and loose-fill asbestos insulation—Act, s 25 (1) (h)

   (1)The following public sector agencies are prescribed:

   (a)the administrative unit responsible for administering the asbestos response taskforce;

   (b)the asbestos response taskforce.

   (2)The Act does not apply to the prescribed public sector agencies in relation to the disclosure of information about whether residential premises contain, or have contained, loose-fill asbestos insulation including any relevant related information (other than the identity of an individual) to the following people:

   (a)anyone who was an owner of the premises or who is, or was, an occupier of the premises;

   (b)anyone who has carried out, is carrying out or intends to carry out building work on the premises.

   Examples—relevant related information

   ·     existence of clearance certificate by asbestos removalist on building file

   ·     that premises have been demolished

   ·     date of demolition of premises

2. Exemption—ACT courts case management system project—Act, s 25 (1) (h)

   (1)The administrative unit responsible for the administration of ACT courts (the relevant administrative unit) is prescribed.

   (2)The following matters are prescribed:

   (a)the disclosure of personal information held by the relevant administrative unit to the Department of the Attorney General of Western Australia (however described) for the case management system project;

   (b)the use of the personal information for the case management system project.

   NotePersonal information includes sensitive information (see Act, s 14, def sensitive information).

   (3)In this section:

   case management system project means—

   (a)the development, testing and installation of an information management system for cases heard, or to be heard, by ACT courts; and

   (b)the ongoing maintenance and upgrading of the system.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     in relation to

·     prescribed.

Note 3Terms used in this regulation have the same meaning that they have in the Information Privacy Act 2014 (see Legislation Act, s 148). For example, the following term is defined in the Information Privacy Act 2014, dict:

·     ACT court

·     public sector agency (see s 9).

asbestos response taskforce means the asbestos response taskforce established by the ACT government in June 2014.

building work—see the Building Act 2004, section 6.

class, of a building—see the Building Act 2004, dictionary.

loose-fill asbestos insulation—see the Dangerous Substances Act 2004, section 47I.

residential premises means premises, or a part of premises, that are a class 1, class 2 or class 10 building.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Information Privacy Regulation 2014 SL2014-25

   notified LR 16 October 2014
   s 1, s 2 commenced 16 October 2014 (LA s 75 (1))
   remainder commenced 17 October 2014 (s 2)

   as amended by

   Information Privacy Amendment Regulation 2015 (No 1) SL2015-6

   notified LR 26 February 2015
   s 1, s 2 commenced 26 February 2015 (LA s 75 (1))

   remainder commenced 27 February 2015 (s 2)

   Dangerous Substances (Loose-fill Asbestos Eradication) Legislation Amendment Act 2014 A2015-6 sch 1 pt 1.5

   notified LR 31 March 2015
   s 1, s 2 commenced 31 March 2015 (LA s 75 (1))

   sch 1 pt 1.5 commenced 17 April 2015 (s 2 and CN2015-6)

   Information Privacy Amendment Regulation 2017 (No 1) SL2017-4

   notified LR 1 March 2017
   s 1, s 2 commenced 1 March 2017 (LA s 75 (1))

   remainder commenced 2 March 2017 (s 2 and see Justice and Community Safety Legislation Amendment Act 2017 A2017-5 s 2 (3))

   Loose-fill Asbestos Legislation Amendment Act 2020 A2020-20 sch 1 pt 1.6

   notified LR 27 May 2020
   s 1, s 2 commenced 27 May 2020 (LA s 75 (1))

   sch 1 pt 1.6 commenced 1 July 2020 (s 2)

   Justice and Community Safety Legislation Amendment Act 2023 (No 3) A2023-57 sch 1 pt 1.4

   notified LR 11 December 2023
   s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
   sch 1 pt 1.4 commenced 12 December 2023 (s 2 (1))

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Prescribed interstate laws—Act, s 21 (4), def corresponding privacy law, par (b)

   s 5Ains SL2017‑4 s 4

   Exemption—residential premises and loose-fill asbestos insulation—Act, s 25 (1) (h)

   s 6 hdgsub SL2015‑6 s 4

   s 6am SL2015‑6 s 5; A2023-57 amdt 1.9

   Exemption—ACT courts case management system project—Act, s 25 (1) (h)

   s 7ins SL2015‑6 s 6

   Dictionary

   dictam SL2015‑6 s 7

   def loose-fill asbestos insulation sub A2015‑6 amdt 1.12

   am A2020‑20 amdt 1.16

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 17 Oct 2014	17 Oct 2014– 26 Feb 2015	not amended	new regulation
R2 27 Feb 2015	27 Feb 2015– 16 Apr 2015	SL2015-6	amendments by SL2015-6
R3 17 Apr 2015	17 Apr 2015– 1 Mar 2017	A2015-6	amendments by A2015-6
R4 2 Mar 2017	2 Mar 2017– 30 June 2020	SL2017‑4	amendments by SL2017‑4
R5 1 July 2020	1 July 2020– 11 Dec 2023	A2020‑20	amendments by A2020‑20