The Governor-General may issue regulations under s 100 of the Privacy Act 1988 (Privacy Act). Two sets of regulations have been issued.
Privacy (Private Sector) Regulations 2001
The Privacy (Private Sector) Regulations 2001 relate to various provisions of the Privacy Act relevant to the private sector. The provisions to which the regulations relate include:
- small business operators treated as organisations (see s 6E of the Privacy Act)
- state authorities treated as organisations (see s 6F of the Privacy Act)
- agencies to be treated as organisations (see s 7A of the Privacy Act)
- privacy codes — prescribed standards for procedures relating to complaints (see s 18BB of the Privacy Act)
- exceptions to National Privacy Principle 7.1 and 7.2 (use of Commonwealth identifiers)
- Privacy Advisory Committee — travelling allowance (within Australia) payable to an appointed member of the committee (see s 88 of the Privacy Act).
Privacy Regulations 2006
The effect of the Privacy Regulations 2006 is that an entity will still be liable for contravening the secrecy provisions of the Census and Statistics Act 1905 if they use or disclose personal information that would otherwise be permitted under s 80P(1) of the Privacy Act (which covers the handling of personal information in emergencies and disasters). This ensures that data collected by the Australian Bureau of Statistics for statistical purposes is only used or disclosed for statistical purposes.