Commonwealth Consolidated Acts

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Information Commissioner's functions

             (1)  The Information Commissioner has the following functions:

                     (a)  to investigate an act or practice of a person or of a Commonwealth authority or State authority that may breach Division 2 or 3 and, where the Commissioner considers it appropriate, to try, by conciliation, to effect a settlement of the matters that gave rise to the investigation;

                     (b)  to receive and examine any written requests for complete or partial exclusion of persons from the application of Division 2 or 3 and advise the Minister whether an exclusion should be granted and whether there should be any restrictions on the circumstances in which an exclusion would apply.

          (1A)  The functions conferred by subsection (1) are privacy functions for the purposes of the Australian Information Commissioner Act 2010 .

             (2)  In the performance of those functions, the Information Commissioner shall:

                     (a)  have due regard for the protection of important human rights and social interests that compete with the rights given by this Part, including the recognition of the right of government and business to achieve their objectives in an efficient way;

                     (b)  take account of:

                              (i)  international obligations accepted by Australia, including those concerning the international technology of communications; and

                             (ii)  developing general international guidelines relevant to the better protection of individual privacy;

                     (c)  take into account the nature of the offence concerned;

                     (d)  ensure that his or her advice is, within the limitations of the powers of the Commonwealth, capable of acceptance, adaptation and extension in any State or Territory; and

                     (e)  ensure that his or her directions and advice are consistent with the Australian Privacy Principles.

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