Division 1 - General definitions
6 - Interpretation6AA - Meaning of responsible person6A - Breach of an Australian Privacy Principle6B - Breach of a registered APP code6BA - Breach of the registered CR code6C - Organisations6D - Small business and small business operators6DA - What is the annual turnover of a business?6E - Small business operator treated as organisation6EA - Small business operators choosing to be treated as organisations6F - State instrumentalities etc. treated as organisations6FA - Meaning of health information6FB - Meaning of health serviceDivision 2 - Key definitions relating to credit reporting
Subdivision A - Credit provider
6G - Meaning of credit provider6H - Agents of credit providers6J - Securitisation arrangements etc.6K - Acquisition of the rights of a credit providerSubdivision B - Other definitions
6L - Meaning of access seeker6M - Meaning of credit and amount of credit6N - Meaning of credit information6P - Meaning of credit reporting business6Q - Meaning of default information6R - Meaning of information request6S - Meaning of new arrangement information6T - Meaning of payment information6U - Meaning of personal insolvency information6V - Meaning of repayment history informationDivision 3 - Other matters
7 - Acts and practices of agencies, organisations etc.7A - Acts of certain agencies treated as acts of organisation7B - Exempt acts and exempt practices of organisations7C - Political acts and practices are exempt8 - Acts and practices of, and disclosure of information to, staff of agency, organisation etc.10 - Agencies that are taken to hold a record11 - File number recipients12A - Act not to apply in relation to State banking or insurance within that State12B - Severability—additional effect of this ActDivision 1 - Interferences with privacy
13 - Interferences with privacy13B - Related bodies corporate13C - Change in partnership because of change in partners13D - Overseas act required by foreign law13E - Effect of sections 13B, 13C and 13D13F - Act or practice not covered by section 13 is not an interference with privacy13G - Serious and repeated interferences with privacyDivision 2 - Australian Privacy Principles
14 - Australian Privacy Principles15 - APP entities must comply with Australian Privacy Principles16 - Personal, family or household affairs16A - Permitted general situations in relation to the collection, use or disclosure of personal information16B - Permitted health situations in relation to the collection, use or disclosure of health information16C - Acts and practices of overseas recipients of personal informationDivision 4 - Tax file number information
17 - Rules relating to tax file number information18 - File number recipients to comply with rulesDivision 1 - Introduction
19 - Guide to this PartDivision 2 - Credit reporting bodies
Subdivision A - Introduction and application of this Division etc.
20 - Guide to this Division20A - Application of this Division and the Australian Privacy Principles to credit reporting bodiesSubdivision B - Consideration of information privacy
20B - Open and transparent management of credit reporting informationSubdivision C - Collection of credit information
20C - Collection of solicited credit information20D - Dealing with unsolicited credit informationSubdivision D - Dealing with credit reporting information etc.
20E - Use or disclosure of credit reporting information20F - Permitted CRB disclosures in relation to individuals20G - Use or disclosure of credit reporting information for the purposes of direct marketing20H - Use or disclosure of pre screening assessments20J - Destruction of pre screening assessment20K - No use or disclosure of credit reporting information during a ban period20L - Adoption of government related identifiers20M - Use or disclosure of credit reporting information that is de identifiedSubdivision E - Integrity of credit reporting information
20N - Quality of credit reporting information20P - False or misleading credit reporting information20Q - Security of credit reporting informationSubdivision F - Access to, and correction of, information
20R - Access to credit reporting information20S - Correction of credit reporting information20T - Individual may request the correction of credit information etc.20U - Notice of correction etc. must be givenSubdivision G - Dealing with credit reporting information after the retention period ends etc.
20V - Destruction etc. of credit reporting information after the retention period ends20W - Retention period for credit information—general20X - Retention period for credit information—personal insolvency information20Y - Destruction of credit reporting information in cases of fraud20Z - Dealing with information if there is a pending correction request etc.20ZA - Dealing with information if an Australian law etc. requires it to be retainedDivision 3 - Credit providers
Subdivision A - Introduction and application of this Division
21 - Guide to this Division21A - Application of this Division to credit providersSubdivision 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 body21E - Payment information must be disclosed to a credit reporting body21F - Limitation on the disclosure of credit information during a ban periodSubdivision D - Dealing with credit eligibility information etc.
21G - Use or disclosure of credit eligibility information21H - Permitted CP uses in relation to individuals21J - Permitted CP disclosures between credit providers21K - Permitted CP disclosures relating to guarantees etc.21L - Permitted CP disclosures to mortgage insurers21M - Permitted CP disclosures to debt collectors21N - Permitted CP disclosures to other recipients21NA - Disclosures to certain persons and bodies that do not have an Australian link21P - Notification of a refusal of an application for consumer creditSubdivision E - Integrity of credit information and credit eligibility information
21Q - Quality of credit eligibility information21R - False or misleading credit information or credit eligibility information21S - Security of credit eligibility informationSubdivision F - Access to, and correction of, information
21T - Access to credit eligibility information21U - Correction of credit information or credit eligibility information21V - Individual may request the correction of credit information etc.21W - Notice of correction etc. must be givenDivision 4 - Affected information recipients
22 - Guide to this DivisionSubdivision A - Consideration of information privacy
22A - Open and transparent management of regulated informationSubdivision B - Dealing with regulated information
22B - Additional notification requirements for affected information recipients22C - Use or disclosure of information by mortgage insurers or trade insurers22D - Use or disclosure of information by a related body corporate22E - 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 Division23A - Individual may complain about a breach of a provision of this Part etc.23B - Dealing with complaints23C - Notification requirements relating to correction complaintsDivision 6 - Unauthorised obtaining of credit reporting information etc.
24 - Obtaining credit reporting information from a credit reporting body24A - Obtaining credit eligibility information from a credit providerDivision 7 - Court orders
25 - Compensation orders25A - Other orders to compensate loss or damageDivision 1 - Introduction
26 - Guide to this PartDivision 2 - Registered APP codes
Subdivision A - Compliance with registered APP codes etc.
26A - APP entities to comply with binding registered APP codes26B - What is a registered APP code26C - What is an APP code26D - Extension of Act to exempt acts or practices covered by registered APP codesSubdivision B - Development and registration of APP codes
26E - Development of APP codes by APP code developers26F - Application for registration of APP codes26G - Development of APP codes by the Commissioner26H - Commissioner may register APP codesSubdivision C - Variation and removal of registered APP codes
26J - Variation of registered APP codes26K - Removal of registered APP codesDivision 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 code26M - What is the registered CR code26N - What is a CR codeSubdivision B - Development and registration of CR code
26P - Development of CR code by CR code developers26Q - Application for registration of CR code26R - Development of CR code by the Commissioner26S - Commissioner may register CR codeSubdivision C - Variation of the registered CR code
26T - Variation of the registered CR codeDivision 4 - General matters
26U - Codes Register26V - Guidelines relating to codes26W - Review of operation of registered codesDivision 1 - Introduction
26WA - Simplified outline of this Part26WB - Entity26WC - Deemed holding of information26WD - Exception—notification under the My Health Records Act 2012Division 2 - Eligible data breach
26WE - Eligible data breach26WF - Exception—remedial action26WG - Whether access or disclosure would be likely, or would not be likely, to result in serious harm—relevant mattersDivision 3 - Notification of eligible data breaches
Subdivision A - Suspected eligible data breaches
26WH - Assessment of suspected eligible data breach26WJ - Exception—eligible data breaches of other entitiesSubdivision B - General notification obligations
26WK - Statement about eligible data breach26WL - Entity must notify eligible data breach26WM - Exception—eligible data breaches of other entities26WN - Exception—enforcement related activities26WP - Exception—inconsistency with secrecy provisions26WQ - Exception—declaration by CommissionerSubdivision C - Commissioner may direct entity to notify eligible data breach
26WR - Commissioner may direct entity to notify eligible data breach26WS - Exception—enforcement related activities26WT - Exception—inconsistency with secrecy provisionsDivision 2 - Functions of Commissioner
27 - Functions of the Commissioner28 - Guidance related functions of the Commissioner28A - Monitoring related functions of the Commissioner28B - Advice related functions of the Commissioner29 - Commissioner must have due regard to the objects of the ActDivision 3 - Reports by Commissioner
30 - Reports following investigation of act or practice31 - Report following examination of proposed enactment32 - Commissioner may report to the Minister if the Commissioner has monitored certain activities etc.33 - Exclusion of certain matters from reportsDivision 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 assessmentDivision 4 - Miscellaneous
34 - Provisions relating to documents exempt under the Freedom of Information Act 198235 - Direction where refusal or failure to amend exempt document35A - Commissioner may recognise external dispute resolution schemesDivision 1A - Introduction
36A - Guide to this PartDivision 1 - Investigation of complaints and investigations on the Commissioner’s initiative
36 - Complaints37 - Principal executive of agency38 - Conditions for making a representative complaint38A - Commissioner may determine that a complaint is not to continue as a representative complaint38B - Additional rules applying to the determination of representative complaints38C - Amendment of representative complaints39 - Class member for representative complaint not entitled to lodge individual complaint40 - Investigations40A - Conciliation of complaints41 - Commissioner may or must decide not to investigate etc. in certain circumstances42 - Preliminary inquiries43 - Conduct of investigations43A - Interested party may request a hearing44 - Power to obtain information and documents45 - Power to examine witnesses46 - Directions to persons to attend compulsory conference47 - Conduct of compulsory conference48 - Complainant and certain other persons to be informed of various matters49 - Investigation under section 40 to cease if certain offences may have been committed49A - Investigation under section 40 to cease if civil penalty provision under Personal Property Securities Act 2009 may have been contravened50 - Reference of matters to other authorities50A - Substitution of respondent to complaint51 - Effect of investigation by Auditor GeneralDivision 2 - Determinations following investigation of complaints
52 - Determination of the Commissioner53 - Determination must identify the class members who are to be affected by the determination53A - Notice to be given to outsourcing agency53B - Substituting an agency for a contracted service providerDivision 3 - Enforcement
54 - Application of Division55 - Obligations of organisations and small business operators55A - Proceedings in the Federal Court or Federal Circuit Court to enforce a determination55B - Evidentiary certificateDivision 4 - Review and enforcement of determinations involving Commonwealth agencies
57 - Application of Division58 - Obligations of agencies59 - Obligations of principal executive of agency60 - Compensation and expenses62 - Enforcement of determination against an agencyDivision 5 - Miscellaneous
63 - Legal assistance64 - Commissioner etc. not to be sued65 - Failure to attend etc. before Commissioner66 - Failure to give information etc.67 - Protection from civil actions68 - Power to enter premises68A - Identity cards70 - Certain documents and information not required to be disclosed70B - Application of this Part to former organisationsDivision 1 - Public interest determinations
71 - Interpretation72 - Power to make, and effect of, determinations73 - Application by APP entity74 - Publication of application etc.75 - Draft determination76 - Conference77 - Conduct of conference78 - Determination of application79 - Making of determinationDivision 2 - Temporary public interest determinations
80A - Temporary public interest determinations80B - Effect of temporary public interest determination80D - Commissioner may continue to consider applicationDivision 3 - Register of determinations
80E - Register of determinationsDivision 1 - Object and interpretation
80F - Object80G - Interpretation80H - Meaning of permitted purposeDivision 2 - Declaration of emergency
80J - Declaration of emergency—events of national significance80K - Declaration of emergency—events outside Australia80L - Form of declarations80M - When declarations take effect80N - When declarations cease to have effectDivision 3 - Provisions dealing with the use and disclosure of personal information
80P - Authorisation of collection, use and disclosure of personal informationDivision 4 - Other matters
80Q - Disclosure of information—offence80R - Operation of Part80S - Severability—additional effect of Part80T - Compensation for acquisition of property—constitutional safety netDivision 1 - Civil penalties
80U - Civil penalty provisionsDivision 2 - Enforceable undertakings
80V - Enforceable undertakingsDivision 3 - Injunctions
80W - Injunctions95 - Medical research guidelines95A - Guidelines for Australian Privacy Principles about health information95AA - Guidelines for Australian Privacy Principles about genetic information95B - Requirements for Commonwealth contracts95C - Disclosure of certain provisions of Commonwealth contracts96 - Review by the Administrative Appeals Tribunal98A - Treatment of partnerships98B - Treatment of unincorporated associations98C - Treatment of trusts99A - Conduct of directors, employees and agents100 - Regulations
Part 1 - Consideration of personal information privacy
1 - Australian Privacy Principle 1—open and transparent management of personal information2 - Australian Privacy Principle 2—anonymity and pseudonymityPart 2 - Collection of personal information
3 - Australian Privacy Principle 3—collection of solicited personal information4 - Australian Privacy Principle 4—dealing with unsolicited personal information5 - Australian Privacy Principle 5—notification of the collection of personal informationPart 3 - Dealing with personal information
6 - Australian Privacy Principle 6—use or disclosure of personal information7 - Australian Privacy Principle 7—direct marketing8 - Australian Privacy Principle 8—cross border disclosure of personal information9 - Australian Privacy Principle 9—adoption, use or disclosure of government related identifiersPart 4 - Integrity of personal information
10 - Australian Privacy Principle 10—quality of personal information11 - Australian Privacy Principle 11—security of personal informationPart 5 - Access to, and correction of, personal information
12 - Australian Privacy Principle 12—access to personal information13 - Australian Privacy Principle 13—correction of personal information(a) a request made under subsection 20T(1) in relation to the information if a notice has not been given under subsection 20U(2) or (3) in relation to the request; or
(ii) a notice has not been given under subsection 21W(2) or (3) in relation to the request.
(b) the provider has given a written notice to the individual informing the individual of the overdue payment and requesting that the individual pay the amount of the overdue payment; and
(a) the provider has given the individual written notice of the borrower’s default that gave rise to the individual’s obligation to make the overdue payment; and
(b) the notice requests that the individual pay the amount of the overdue payment; and
(c) at least 60 days have passed since the day on which the notice was given; and
(d) in addition to giving the notice, the provider has taken other steps to recover the amount of the overdue payment from the individual; and
(b) a communication (including a complaint, notice, request or disclosure of information) made to a partner is taken to have been made to the organisation.
(b) a communication (including a complaint, notice, request or disclosure of information) made to a member of the committee of management of the association is taken to have been made to the organisation.
(b) a communication (including a complaint, notice or request or disclosure of information) made to a trustee is taken to have been made to the organisation.
(7) If the credit reporting body refuses to give access to the information because of subsection (2), the body must give the access seeker a written notice that:
the body must, within a reasonable period, give each recipient of the information written notice of the correction.
(a) it is impracticable for the credit reporting body to give the notice under that subsection; or
(b) the credit reporting body is required by or under an Australian law, or a court/tribunal order, not to give the notice under that subsection.
Notice of correction etc.
(a) give the individual written notice of the correction; and
(b) if the body consulted an interested party under subsection 20T(3) about the individual’s request—give the party written notice of the correction; and
(c) if the correction relates to information that the body has previously disclosed under this Division (other than subsections 20D(2) and 20T(4))—give each recipient of the information written notice of the correction.
(3) If the credit reporting body does not correct the personal information under subsection 20T(2), the body must, within a reasonable period, give the individual written notice that:
(4) Paragraph (2)(c) does not apply if it is impracticable for the credit reporting body to give the notice under that paragraph.
(5) Subsection (2) or (3) does not apply if the credit reporting body is required by or under an Australian law, or a court/tribunal order, not to give the notice under that subsection.
(i) give the individual a written notice that states that the information has been destroyed and sets out the effect of subsection (4); and
(ii) give the credit provider a written notice that states that the information has been destroyed.
(i) the credit provider has given the individual a notice in writing stating that the provider intends to disclose the information to the credit reporting body; and
(ii) at least 14 days have passed since the giving of the notice.
(2) The credit provider must, within a reasonable period after refusing the application, give the individual a written notice that:
(7) If the provider refuses to give access to the information because of subsection (2), the provider must give the access seeker a written notice that:
Notice of correction
the provider must, within a reasonable period, give each recipient of the information written notice of the correction.
(a) it is impracticable for the credit provider to give the notice under that subsection; or
(b) the credit provider is required by or under an Australian law, or a court/tribunal order, not to give the notice under that subsection.
Notice of correction etc.
(a) give the individual written notice of the correction; and
(b) if the provider consulted an interested party under subsection 21V(3) about the individual’s request—give the party written notice of the correction; and
give each recipient of the information written notice of the correction.
(3) If the credit provider does not correct the personal information under subsection 21V(2), the provider must, within a reasonable period, give the individual written notice that:
(4) Paragraph (2)(c) does not apply if it is impracticable for the credit provider to give the notice under that paragraph.
(5) Subsection (2) or (3) does not apply if the credit provider is required by or under an Australian law, or a court/tribunal order, not to give the notice under that subsection.
(a) must, within 7 days after the complaint is made, give the individual a written notice that:
(4) After investigating the complaint, the respondent must, within the period referred to in subsection (5), make a decision about the complaint and give the individual a written notice that:
(3) If the Commissioner decides not to register an APP code developed by an APP code developer, the Commissioner must give written notice of the decision to the developer, including reasons for the decision.
(3) If the Commissioner decides not to register a CR code developed by a CR code developer, the Commissioner must give written notice of the decision to the developer, including reasons for the decision.
the Commissioner may, by written notice given to the entity:
(5) The Commissioner may give a notice of a declaration to an entity under subsection (1):
(b) if the Commissioner does so—the Commissioner must give written notice of the refusal to the entity.
(11) If notice of a paragraph (1)(d) declaration has been given to an entity, the Commissioner may, by written notice given to the entity, extend the period specified in the declaration.
(1) If the Commissioner is aware that there are reasonable grounds to believe that there has been an eligible data breach of an entity, the Commissioner may, by written notice given to the entity, direct the entity to:
(1) The Commissioner may, by written notice, recognise an external dispute resolution scheme:
(4) A notice under subsection (1) is not a legislative instrument.
(2) A class member may, by notice in writing to the Commissioner, withdraw from a representative complaint:
(3) The Commissioner may at any stage direct that notice of any matter be given to a class member or class members.
(9) 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:
(b) if the Commissioner thinks that there is no officer of an agency to whose notice the evidence may appropriately be drawn—an appropriate Minister.
(1) 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:
(2) A notice given by the Commissioner under subsection (1) shall state:
(3) 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.
(1) For the purposes of performing the Commissioner’s functions in relation to a complaint, the Commissioner may, by written notice, direct:
to attend, at a time and place specified in the notice, a conference presided over by the Commissioner.
(4) The Commissioner may, in a notice given to a person under subsection (1), require the person to produce such documents at the conference as are specified in the notice.
(2) If, after having been informed of the Commissioner’s opinion under paragraph (1)(a), the Commissioner of Police or the Director of Public Prosecutions, as the case may be, decides that the matter will not be, or will no longer be, the subject of proceedings for an offence, he or she shall give a written notice to that effect to the Commissioner.
(3) Upon receiving such a notice the Commissioner may continue the investigation discontinued under paragraph (1)(c).
(3) Upon receiving a notice under subsection (2), the Commissioner may continue an investigation discontinued under paragraph (1)(c).
(d) give notice in writing to the complainant stating that the complaint has been so transferred; and
(a) give the agency a notice stating that the Commissioner proposes to amend the complaint and stating the reasons for the proposal; and
(a) a notice stating that the Commissioner proposes to make the determination and stating the reasons for the proposal; and
(a) that the terms of the determination are brought to the notice of all members, officers and employees of the agency whose duties are such that they may engage in conduct of the kind to which the determination relates; and
(1) Subject to subsection (2), the Commissioner shall publish, in such manner as he or she thinks fit, notice of:
(4) The Commissioner shall give notice of the day, time and place of the conference to the agency or organisation and to each person to whom an invitation was sent.
(b) by notice published in the Gazette.
(3) An appointed member may resign from office by delivering a signed notice of resignation to the Governor General.
(2) For the purposes of paragraph 16B(3)(c), the Commissioner may, by notice in the Gazette, approve guidelines that relate to the use and disclosure of health information for the purposes of research, or the compilation or analysis of statistics, relevant to public health or public safety.
(4) For the purposes of subparagraph 16B(2)(d)(iii), the Commissioner may, by notice in the Gazette, approve guidelines that relate to the collection of health information for the purposes of:
(6) The Commissioner may, by notice in the Gazette, revoke an approval of guidelines under this section if he or she is no longer satisfied of the matter that he or she had to be satisfied of to approve the guidelines.
(a) the entity to whom notice of the declaration was given; or
12.9 If the APP entity refuses to give access to the personal information because of subclause 12.2 or 12.3, or to give access in the manner requested by the individual, the entity must give the individual a written notice that sets out:
13.3 If the APP entity refuses to correct the personal information as requested by the individual, the entity must give the individual a written notice that sets out:
