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(ca) an approved privacy code as defined in the Privacy Act 1988; or
(a) of any person or goods on the way (directly or indirectly) to Australia;or
(b) involving the departure from Australia of any person or goods;
even if the information is personal information (as defined in the PrivacyAct 1988).
Note: The Australian Customs Service (including the officer) isobliged to handle personal information in accordance with the Privacy Act1988. Section 16 of the Customs Administration Act 1985 also limitsthe recording and disclosure of information disclosed to the officer under this section.(2) To avoid doubt, this section does not:
(a) require anyone to disclose information to an officer; or
(b) affect a requirement of or under another provision of this Act for aperson to disclose information to an officer (whether by answering a question,by providing a document or by other means).
(k) the ACA has consulted the Privacy Commissioner about the code andconsequently believes that he or she is satisfied with the code, if the codedeals directly or indirectly with a matter dealt with by:
(i) the National Privacy Principles (as defined in the Privacy Act 1988); or
(ii) other provisions of that Act that relate to those Principles; or
(iii) an approved privacy code (as defined in that Act) that binds aparticipant in that section of the telecommunications industry; or
(iv) provisions of that Act that relate to the approved privacy code.
Note: An industry code also ceases to be registered when it isremoved from the Register of industry codes under section 122A.
Note: The ACA may request the body or association to develop theindustry code to replace an earlier industry code that the Privacy Commissioner(exercising functions under the Privacy Act 1988) has advised the ACA isinconsistent with the National Privacy Principles or a relevant approvedprivacy code (as defined in that Act).
(4A) The ACA must consult the Privacy Commissioner before making a requestunder subsection (1) for the development of an industry code that couldreasonably be expected to deal directly or indirectly with a matter dealt with by:
(a) the National Privacy Principles (as defined in the Privacy Act 1988); or
(b) other provisions of that Act relating to those Principles; or
(c) an approved privacy code (as defined in that Act) that binds one or moreparticipants in the section of the telecommunications industry to which therequest relates; or
(d) provisions of that Act that relate to the approved privacy code.
(1A) If the ACA is satisfied that the contravention of the industry coderelates directly or indirectly to a matter dealt with by the National PrivacyPrinciples (as defined in the Privacy Act 1988) or by an approvedprivacy code (as defined in that Act), the ACA must consult the PrivacyCommissioner before giving the direction.
(3) If the ACA is satisfied that the contravention of the industry coderelates directly or indirectly to a matter dealt with by the National PrivacyPrinciples (as defined in the Privacy Act 1988) or by an approvedprivacy code (as defined in that Act), the ACA must consult the Privacy Commissioner before issuing the warning.
(a) an industry code; or
(b) a provision of an industry code.
(2) An industry code ceases to be registered when it is removed from theRegister.
(3) If the ACA removes a provision of an industry code from the Register, thisPart has effect in relation to things occurring after the removal of theprovision as if the code registered under this Part did not include theprovision removed.
Note: The ACA may be satisfied that it is necessary or convenientto vary an industry standard that is inconsistent with the National PrivacyPrinciples or an approved privacy code (as defined in the Privacy Act 1988), following advice given by the Privacy Commissioner in the exerciseof his or her functions under that Act.
(1) This section applies to an industry standard that deals with a matter setout in paragraph 113(3)(f), including a matter dealt with by:
(a) the National Privacy Principles (as defined in the Privacy Act1988); or
(b) other provisions of that Act relating to those Principles; or
(c) an approved privacy code (as defined in that Act); or
(d) provisions of that Act that relate to an approved privacy code.
(1A) Paragraph (1)(a) does not require the ACA to continue to include in theRegister an industry code, or a provision of an industry code, removed from theRegister under section 122A.
(2) If a disclosure or use of information by a person would be prohibited by aprovision of Division 4 apart from the fact that the disclosure or use iscovered by an exception in that provision to the prohibition, the disclosure oruse is taken for the purposes of the Privacy Act 1988, and of anapproved privacy code (as defined in that Act), to be authorised by law.
(2) This section applies regardless of the outcome of the prosecution.
(3) This section does not affect the operation of section 49 of the Privacy Act 1988.
(ia) National Privacy Principle 2 (as defined in the Privacy Act1988);
(ib) each approved privacy code (as defined in the Privacy Act 1988),if any, that binds a participant in a section of the telecommunications industry;
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URL: http://www.worldlii.org/int/other/PrivLRes/2000/1-Schedule-2.html