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Repeal the heading, substitute:
Division 3--Enforcement
(1A) This Division also applies to a determination made by an adjudicator foran approved privacy code under the code in relation to a complaint made underthe code.
Note: The making of a determination by the Commissioner under thisAct or by an adjudicator under an approved privacy code is subject to judicialreview under the Administrative Decisions (Judicial Review) Act1977.00 Privacy Act 1988 00
(1) An organisation that is the respondent to a determination madeunder section 52:
(a) must not repeat or continue conduct that is covered by a declaration thatis included in the determination under sub-subparagraph 52(1)(b)(i)(B); and
(b) must perform the act or course of conduct that is covered by a declarationthat is included in the determination under subparagraph 52(1)(b)(ii).
Determination under approved privacy code
(2) An organisation that is the respondent to a determination madeunder an approved privacy code:
(a) must not repeat or continue conduct that is covered by a declaration thatis included in the determination and that corresponds to a declarationmentioned in paragraph (1)(a); and
(b) must perform the act or course of conduct that is covered by a declarationthat is included in the determination and that corresponds to a declarationmentioned in paragraph (1)(b).
(a) the complainant;
(b) the Commissioner, if the determination was made under section 52;
(c) the adjudicator for the approved privacy code under which thedetermination was made, if it was made under an approved privacy code.
(2) If the court is satisfied that the respondent has engaged in conduct thatconstitutes an interference with the privacy of the complainant, the court maymake such orders (including a declaration of right) as it thinks fit.
(3) The court may, if it thinks fit, grant an interim injunction pending thedetermination of the proceedings.
(4) The court is not to require a person, as a condition of granting aninterim injunction, to give an undertaking as to damages.
(5) The court is to deal by way of a hearing de novo with the question whetherthe respondent has engaged in conduct that constitutes an interference with theprivacy of the complainant.
(6) Despite subsection (5), the court may receive any of the following asevidence in proceedings about a determination made by the Commissioner undersection 52:
(a) a copy of the Commissioner's written reasons for the determination;
(b) a copy of any document that was before the Commissioner;
(c) a copy of a record (including any tape recording) of any appearance beforethe Commissioner (including any oral submissions made) under subsection43(5).
(7) Despite subsection (5), the court may receive any of the following asevidence in proceedings about a determination made by an adjudicator under anapproved privacy code:
(a) a copy of the adjudicator's written reasons for the determination;
(b) a copy of any document that was before the adjudicator;
(c) a copy of a record (including any tape recording) of any appearance beforethe adjudicator (including any oral submissions made).
(8) In this section:
complainant, in relation to a representative complaint, means anyof the class members.
(a) a specified agency had breached an Information Privacy Principle; or
(b) a specified organisation had breached an approved privacy code or aNational Privacy Principle.
(2) An adjudicator for an approved privacy code may issue a writtencertificate setting out the findings of fact upon which the adjudicator basedhis or her determination that a specified organisation had breached an approvedprivacy code.
(3) In any proceedings under section 55A, a certificate under subsection (1)or (2) of this section is prima facie evidence of the facts found by theCommissioner or adjudicator and set out in the certificate. However, thecertificate is not prima facie evidence of a finding that:
(a) a specified agency had breached an Information Privacy Principle; or
(b) a specified organisation had breached an approved privacy code or aNational Privacy Principle.
(4) A document purporting to be a certificate under subsection (1) or (2)must, unless the contrary is established, be taken to be a certificate and tohave been properly given.
(1) Division 3 of Part V of the Privacy Act 1988 as amended bythis Schedule applies to a determination made as a result of a complaint madeafter the commencement of this Schedule.
Evidentiary certificates
(2) Section 55B of the Privacy Act 1988 applies in relation to adetermination made by the Commissioner in relation to an agency before or afterthe commencement of that section.
(2A) Subsection (2) does not permit an application relating to proceedingsunder section 55A to enforce a determination relating to a code complaint or anNPP complaint.
(2) Neither an adjudicator for an approved privacy code, nor a person actingunder his or her direction or authority, is liable to an action, suit orproceeding in relation to an act done or omitted to be done in good faith inthe exercise or purported exercise of any power or authority conferred by thisAct or the code.
Note: The heading to section 64 is altered by inserting "etc." after"Commissioner".
(1A) For the purposes of subsection (1), a journalist has a reasonable excuseif giving the information, answering the question or producing the document orrecord would tend to reveal the identity of a person who gave information or adocument or record to the journalist in confidence.
(aa) the making of a complaint under an approved privacy code;
(ab) the acceptance of a complaint under subsection 40(1B);
(1A) The Commissioner may authorise a person only while the person is a memberof the staff assisting the Commissioner.
(3A) Before obtaining the consent, the authorised person must inform theoccupier or person in charge that he or she may refuse to consent.
(3B) An entry by an authorised person with the consent of the occupier orperson in charge is not lawful if the consent was not voluntary.
(3C) The authorised person may not enter premises (other than premisesoccupied by an agency) if:
(a) the occupant or person in charge asks the authorised person to produce hisor her identity card; and
(b) the authorised person does not produce it.
(3D) If an authorised person is on premises with the consent of the occupieror person in charge, the authorised person must leave the premises if theoccupier or person in charge asks the authorised person to do so.
(2) As soon as practicable after the person ceases to be authorised, he or shemust return the identity card to the Commissioner.
(3) A person must not contravene subsection (2).
Penalty: 1 penalty unit.
complaint means:
(a) a complaint under section 36; or
(b) a complaint the Commissioner accepts under subsection 40(1B).
(1) If, apart from this subsection, this Part would impose anobligation to do something (or not to refuse or fail to do something) on anorganisation that is a partnership, the obligation is imposed instead on eachpartner but may be discharged by any of the partners.
Unincorporated associations
(2) If, apart from this subsection, this Part would impose anobligation to do something (or not to refuse or fail to do something) on anorganisation that is an unincorporated association, the obligation is imposedinstead on each member of the committee of management of the association butmay be discharged by any of the members of that committee.
Trusts
(3) If, apart from this subsection, this Part would impose anobligation to do something (or not to refuse or fail to do something) on anorganisation that is a trust, the obligation is imposed instead on each trusteebut may be discharged by any of the trustees.
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