Privacy (Private Sector) Amendment Regulations 2007 (No. 3) (Cth)

Privacy (Private Sector) Amendment Regulations 2007 (No. 3)¹

Select Legislative Instrument 2007 No. 236

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 9 August 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

PHILIP RUDDOCK

Attorney‑General

Name of Regulations

These Regulations are the Privacy (Private Sector) Amendment Regulations 2007 (No. 3).

Commencement

These Regulations commence on 1 December 2007.

Amendment of Privacy (Private Sector) Regulations 2001

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

Schedule 1 Amendment

(regulation 3)

[1] After regulation 3

insert

3AASmall business operators treated as organisations (Act s 6E)

(1)For subsection 6E (2) of the Act, a small business operator that operates a residential tenancy database is prescribed.

(2)For subsection 6E (2) of the Act, the following acts or practices of a small business operator of the kind mentioned in subregulation (1) are prescribed:

(a)an act done, or a practice engaged in, in connection with collecting personal information for the purpose of establishing or maintaining a residential tenancy database;

(b)an act done, or a practice engaged in, in connection with maintaining personal information on a residential tenancy database;

(c)an act done, or a practice engaged in, in connection with using or disclosing personal information that is stored on a residential tenancy database.

(3)In this regulation:

residential tenancy database means a database:

(a)that stores personal information in relation to an individual’s occupation of residential premises as a tenant; and

(b)that can be accessed by a person other than the operator of the database or a person acting for the operator.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See