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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Privacy (COVID Check-in Data) Bill
2021
No. , 2021
(Mr Bandt)
A Bill for an Act about COVID check-in data, and
for related purposes
No. , 2021
Privacy (COVID Check-in Data) Bill 2021
i
Contents
1
Short title .............................................................................. 1
2
Commencement .................................................................... 1
3
Act binds Crown ................................................................... 2
4
Object of this Act.................................................................. 2
5
Definitions ............................................................................ 2
6
Ban on using COVID check-in data for enforcement related
activity .................................................................................. 3
7
Constitutional basis of this Act ............................................. 4
8
Additional operation of this Act ........................................... 4
No. , 2021
Privacy (COVID Check-in Data) Bill 2021
1
A Bill for an Act about COVID check-in data, and
1
for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Privacy (COVID Check-in Data) Act 2021
.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
Section 3
2
Privacy (COVID Check-in Data) Bill 2021
No. , 2021
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act.
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Act binds Crown
8
This Act binds the Crown in each of its capacities.
9
4 Object of this Act
10
The main object of this Act is to assist in preventing and
11
controlling the entry, emergence, establishment or spread of
12
COVID into Australia or any part of Australia by providing
13
stronger privacy protections for COVID check-in data in order to:
14
(a) encourage public acceptance and use of COVID check-in
15
apps; and
16
(b) enable faster and more effective contact tracing.
17
5 Definitions
18
In this Act:
19
Commonwealth, State or Territory authority
includes:
20
(a) the Commonwealth or an authority or agency of the
21
Commonwealth; and
22
(b) a State or an authority or agency of a State; and
23
(c) a Territory or an authority or agency of a Territory.
24
Section 6
No. , 2021
Privacy (COVID Check-in Data) Bill 2021
3
COVID
means the coronavirus known as COVID-19.
1
COVID check-in app
means a mobile app that is made available or
2
has been made available (including before the commencement of
3
this Act) to the public by or on behalf of a Commonwealth, State or
4
territory authority for the purpose of facilitating COVID contact
5
tracing.
6
COVID check-in data
means data relating to a person that has
7
been collected or generated (including before the commencement
8
of this Act) through the operation of a COVID check-in app.
9
COVID contact tracing
means contact tracing for the purposes of
10
preventing and controlling the entry, emergence, establishment or
11
spread of COVID into Australia or any part of Australia.
12
de-identified
has the same meaning as in the
Privacy Act 1988
.
13
enforcement related activity
has the same meaning as in the
14
Privacy Act 1988
.
15
mobile app
means an app that is designed for use on a mobile
16
device.
17
6 Ban on using COVID check-in data for enforcement related
18
activity
19
(1) A Commonwealth, State or Territory authority must not use or
20
disclose COVID check-in data for the purposes of enforcement
21
related activity.
22
(2) To avoid doubt, subsection (1) does not apply to a Commonwealth,
23
State or Territory authority using or disclosing:
24
(a) data that the authority obtained from a source other than
25
directly or indirectly from a COVID check-in app; or
26
(b) de-identified statistical information.
27
Example: Paragraph (a)--a Commonwealth, State or Territory authority obtains
28
data indirectly from a COVID check-in app if the authority obtains the
29
data from another Commonwealth, State or Territory authority that
30
obtained the data from a COVID check-in app.
31
Section 7
4
Privacy (COVID Check-in Data) Bill 2021
No. , 2021
7 Constitutional basis of this Act
1
This Act relies on the Commonwealth's legislative powers with
2
respect to matters that are peculiarly adapted to the government of
3
a nation and cannot otherwise be carried on for the benefit of the
4
nation.
5
8 Additional operation of this Act
6
(1) In addition to section 7, this Act also has effect as provided by this
7
section.
8
(2) This Act also has the effect it would have if a reference in this Act
9
to COVID check-in data were expressly confined to COVID
10
check-in data that was collected or generated using a service of a
11
kind to which paragraph 51(v) of the Constitution applies (postal,
12
telegraphic, telephonic and other like services).
13
(3) This Act also has the effect if would have if it were expressly
14
confined to giving effect to Australia's obligations under the
15
International Covenant on Civil and Political Rights done at New
16
York on 16 December 1966 ([1980] ATS 23), and in particular
17
Article 17 of the Covenant, in relation to COVID check-in data.
18
Note:
The International Covenant on Civil and Political Rights is in
19
Australian Treaty Series 1980 No. 23 ([1980] ATS 23) and could in
20
2021 be viewed in the Australian Treaties Library on the AustLII
21
website (http://www.austlii.edu.au).
22
(4) This Act also has the effect it would have if a reference in this Act
23
to COVID check-in data were expressly confined to COVID
24
check-in data that was collected or generated for the purposes of
25
quarantine (within the meaning of paragraph 51(ix) of the
26
Constitution).
27