Privacy (Private Sector) Amendment Regulations 2003 (No. 1) (Cth)

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Privacy (Private Sector) Amendment Regulations 2003 (No. 1)1

Statutory Rules 2003 No. 3222

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Privacy Act 1988.

Dated 18 December 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

PHILIP RUDDOCK

Attorney-General

1Name of Regulations

These Regulations are the Privacy (Private Sector) Amendment Regulations 2003 (No. 1).

2Commencement

These Regulations commence on gazettal.

3Amendment of Privacy (Private Sector) Regulations 2001

Schedule 1 amends the Privacy (Private Sector) Regulations 2001.

Schedule 1Amendments

(regulation 3)

  

[1]Before regulation 1

insert

Part 1Preliminary

[2]Before regulation 5

insert

Part 2Privacy Codes

[3]After regulation 5, including the note

insert

Part 3National Privacy Principles

6Definitions for Part 3

In this Part:

agency means an agency, as defined in subsection 6 (1) of the Act, and specified in Schedule 2, in relation to which the Minister is satisfied that the events mentioned in paragraphs 100 (2) (a) and (b) of the Act have occurred.

AGEST means the Australian Government Employees Superannuation Trust (including a payroll contractor of that organisation).

AvSuper means AvSuper Pty Ltd (including a payroll contractor of AvSuper Pty Ltd).

payroll contractor, of an organisation (the principal organisation), means an organisation that is responsible, under a contract, for processing, on behalf of the principal organisation, any payments received by, or on behalf of, the principal organisation from an agency, its agent or its contracted service provider for the benefit of an individual employed, or formerly employed, by the agency.

payroll number, assigned to an individual by an agency, means the identifier assigned to the individual by the agency, its agent or its contracted service provider for the purpose of providing salary and other employment benefits to the individual.

7Exceptions to National Privacy Principle 7.1

For subclause 7.1A of the National Privacy Principles:

  1. (a)

    AvSuper is a prescribed organisation; and

  2. (b)

    the payroll number assigned to an individual by Airservices Australia or the Civil Aviation Safety Authority is a prescribed identifier; and

  3. (c)

    the prescribed circumstance is that the payroll number is adopted by AvSuper to provide a superannuation service to the individual.

8Exceptions to National Privacy Principle 7.2

For paragraph 7.2 (c) of the National Privacy Principles:

  1. (a)

    AGEST and AvSuper are each a prescribed organisation; and

  2. (b)

    the payroll number assigned to an individual by an agency is a prescribed identifier; and

  3. (c)

    the prescribed circumstance is that the payroll number is used or disclosed by AGEST or AvSuper to provide a superannuation service to the individual.

[4]After Schedule 1

insert

Schedule 2Agencies

(regulation 6)

  1. 1.

    Aboriginal and Torres Strait Islander Commission

  2. 2.

    Aboriginal and Torres Strait Islander Services

  3. 3.

    Aboriginal Hostels Ltd

  4. 4.

    Administrative Appeals Tribunal

  5. 5.

    Airservices Australia

  6. 6.

    Anindilyakwa Land Council

  7. 7.

    Attorney-General’s Department

  8. 8.

    Australia Council

  9. 9.

    Australia-Japan Foundation

  10. 10.

    Australian Accounting Standards Board

  11. 11.

    Australian Agency for International Development

  12. 12.

    Australian Broadcasting Authority

  13. 13.

    Australian Broadcasting Corporation

  14. 14.

    Australian Bureau of Statistics

  15. 15.

    Australian Centre for International Agricultural Research

  16. 16.

    Australian Communications Authority

  17. 17.

    Australian Competition and Consumer Commission

  18. 18.

    Australian Crime Commission

  19. 19.

    Australian Customs Service

  20. 20.

    Australian Electoral Commission

  21. 21.

    Australian Federal Police

  22. 22.

    Australian Film Commission

  23. 23.

    Australian Film Television and Radio School

  24. 24.

    Australian Fisheries Management Authority

  25. 25.

    Australian Government Solicitor

  26. 26.

    Australian Greenhouse Office

  27. 27.

    Australian Hearing

  28. 28.

    Australian Heritage Commission

  29. 29.

    Australian Industrial Registry

  30. 30.

    Australian Industrial Relations Commission

  31. 31.

    Australian Industry Development Corporation

  32. 32.

    Australian Institute of Aboriginal and Torres Strait Islander Studies

  33. 33.

    Australian Institute of Criminology

  34. 34.

    Australian Institute of Family Studies

  35. 35.

    Australian Institute of Health and Welfare

  36. 36.

    Australian Institute of Marine Science

  37. 37.

    Australian Law Reform Commission

  38. 38.

    Australian Maritime College

  39. 39.

    Australian Maritime Safety Authority

  40. 40.

    Australian Military Forces Relief Trust Fund

  41. 41.

    Australian National Audit Office

  42. 42.

    Australian National Maritime Museum

  43. 43.

    Australian National Training Authority

  44. 44.

    Australian National University

  45. 45.

    Australian Nuclear Science and Technology Organisation

  46. 46.

    Australian Pesticides and Veterinary Medicines Authority

  47. 47.

    Australian Postal Corporation

  48. 48.

    Australian Protective Services

  49. 49.

    Australian Prudential Regulation Authority

  50. 50.

    Australian Public Service Commission

  51. 51.

    Australian Radiation Protection and Nuclear Safety Agency

  52. 52.

    Australian Reinsurance Pool Corporation

  53. 53.

    Australian Research Council

  54. 54.

    Australian Secret Intelligence Service

  55. 55.

    Australian Securities and Investments Commission

  56. 56.

    Australian Security Intelligence Organisation

  57. 57.

    Australian Sports Commission

  58. 58.

    Australian Sports Drug Agency

  59. 59.

    Australian Taxation Office

  60. 60.

    Australian Tourist Commission

  61. 61.

    Australian Trade Commission

  62. 62.

    Australian Transaction Reports and Analysis Centre

  63. 63.

    Australian War Memorial

  64. 64.

    Australian Wine and Brandy Corporation

  65. 65.

    Biotechnology Australia

  66. 66.

    Bureau of Meteorology

  67. 67.

    Central Land Council

  68. 68.

    Centrelink

  69. 69.

    Child Support Agency

  70. 70.

    Civil Aviation Safety Authority

  71. 71.

    Classification Board

  72. 72.

    Classification Review Board

  73. 73.

    Comcare

  74. 74.

    Commonwealth Grants Commission

  75. 75.

    Commonwealth Ombudsman Office

  76. 76.

    Commonwealth Scientific and Industrial Research Organisation

  77. 77.

    ComSuper

  78. 78.

    Corporations and Markets Advisory Committee

  79. 79.

    Cotton Research and Development Corporation

  80. 80.

    Criminology Research Council

  81. 81.

    CrimTrac Agency

  82. 82.

    CRS Australia

  83. 83.

    Commonwealth Superannuation Scheme Board

  84. 84.

    Dairy Adjustment Authority

  85. 85.

    Defence Force Retirement and Death Benefits Authority

  86. 86.

    Defence Housing Authority

  87. 87.

    Department of Agriculture, Fisheries and Forestry

  88. 88.

    Department of Communications, Information Technology and the Arts

  89. 89.

    Department of Defence

  90. 90.

    Department of Education, Science and Training

  91. 91.

    Department of Employment and Workplace Relations

  92. 92.

    Department of Environment and Heritage

  93. 93.

    Department of Family and Community Services

  94. 94.

    Department of Finance and Administration

  95. 95.

    Department of Foreign Affairs and Trade

  96. 96.

    Department of Health and Ageing

  97. 97.

    Department of Immigration and Multicultural and Indigenous Affairs

  98. 98.

    Department of Industry, Tourism and Resources

  99. 99.

    Department of the House of Representatives

  100. 100.

    Department of the Parliamentary Library

  101. 101.

    Department of the Parliamentary Reporting Staff

  102. 102.

    Department of the Prime Minister and Cabinet

  103. 103.

    Department of the Senate

  104. 104.

    Department of the Treasury

  105. 105.

    Department of Transport and Regional Services

  106. 106.

    Department of Veterans’ Affairs

  107. 107.

    Equal Opportunity for Women in the Workplace Agency

  108. 108.

    Export Finance and Insurance Corporation

  109. 109.

    Family Court of Australia

  110. 110.

    Federal Court of Australia

  111. 111.

    Federal Magistrates Court

  112. 112.

    Fisheries Research and Development Corporation

  113. 113.

    Food Standards Australia New Zealand

  114. 114.

    Forest and Wood Products Research and Development Corporation

  115. 115.

    Frontline Defence Services

  116. 116.

    Geoscience Australia

  117. 117.

    Grains Research and Development Corporation

  118. 118.

    Grape and Wine Research and Development Corporation

  119. 119.

    Great Barrier Reef Marine Park Authority

  120. 120.

    Health Insurance Commission

  121. 121.

    High Court Of Australia

  122. 122.

    Human Rights and Equal Opportunity Commission

  123. 123.

    Indigenous Business Australia

  124. 124.

    Indigenous Land Corporation

  125. 125.

    Insolvency and Trustee Service Australia (ITSA)

  126. 126.

    Inspector General of Taxation

  127. 127.

    IP Australia

  128. 128.

    Joint House Department

  129. 129.

    Land and Water Resources Research and Development Corporation

  130. 130.

    Migration Review Tribunal

  131. 131.

    National Archives of Australia

  132. 132.

    National Blood Authority

  133. 133.

    National Capital Authority

  134. 134.

    National Competition Council

  135. 135.

    National Gallery of Australia

  136. 136.

    National Library of Australia

  137. 137.

    National Museum of Australia

  138. 138.

    National Native Title Tribunal

  139. 139.

    National Occupational Health and Safety Commission

  140. 140.

    National Oceans Office

  141. 141.

    National Office for the Information Economy

  142. 142.

    National Road Transport Commission

  143. 143.

    National Standards Commission

  144. 144.

    Northern Land Council

  145. 145.

    Office of Film and Literature Classification

  146. 146.

    Office of National Assessments

  147. 147.

    Office of Parliamentary Counsel

  148. 148.

    Office of the Director of Public Prosecutions

  149. 149.

    Office of the Federal Privacy Commissioner

  150. 150.

    Office of the Inspector-General of Intelligence and Security

  151. 151.

    Office of the Official Secretary of the Governor-General

  152. 152.

    Office of the Renewable Energy Regulator

  153. 153.

    Private Health Insurance Administration Council

  154. 154.

    Private Health Insurance Ombudsman

  155. 155.

    Productivity Commission

  156. 156.

    Professional Services Review Scheme

  157. 157.

    Public Sector Superannuation Scheme Board

  158. 158.

    Quarantine and Exports Advisory Council

  159. 159.

    Refugee Review Tribunal

  160. 160.

    Repatriation Commission

  161. 161.

    Reserve Bank of Australia

  162. 162.

    Royal Australian Air Force Veterans’ Residences Trust Fund

  163. 163.

    Royal Australian Air Force Welfare Trust Fund

  164. 164.

    Royal Australian Navy Relief Trust Fund

  165. 165.

    Rural Industries Research and Development Corporation

  166. 166.

    Seafarers Safety, Rehabilitation and Compensation Authority

  167. 167.

    Social Security Appeals Tribunal

  168. 168.

    Special Broadcasting Service Corporation

  169. 169.

    Stevedoring Industry Finance Committee

  170. 170.

    Sugar Research and Development Corporation

  171. 171.

    Sydney Harbour Federation Trust

  172. 172.

    The Director of National Parks

  173. 173.

    Tiwi Land Council

  174. 174.

    Tobacco Research and Development Corporation

  175. 175.

    Veterans’ Review Board

  176. 176.

    Wheat Export Authority

Notes

1. These Regulations amend Statutory Rules 2001 No. 266, as amended by 2002 No. 105.

2. Notified in the Commonwealth of Australia Gazette

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