Commonwealth Numbered Acts

PRIVACY ACT 1988 No. 119, 1988 - SECT 10

10. (1) Subject to subsections (4) and (5), an agency that is in possession or
control of a record of personal information shall be regarded, for the
purposes of this Act, as the record-keeper in relation to that record.

(2) Subject to subsections (3), (4) and (5), where a record of personal
information is in the possession or under the control of a person:

   (a)  in the course of the person's employment in the service of or by an
        agency other than the Australian Federal Police; or

   (b)  as a member or special member of the Australian Federal Police in the
        performance of his or her duties as such a member or special member;
        then, for the purposes of this Act, the record-keeper in relation to
        that record shall be taken to be:

   (c)  if paragraph (a) applies-the agency first referred to in that
        paragraph; and

   (d)  if paragraph (b) applies-the Australian Federal Police.

(3) Where a record of personal information is in the possession or under the
control of a person for the purposes of the activities of, an unincorporated
body, being a board, council, committee, sub-committee or other body
established by or under a Commonwealth enactment for the purpose of assisting,
or performing functions connected with, an agency, that agency shall be
regarded, for the purposes of this Act, as the record-keeper in relation to
that record.

(4) Where:

   (a)  a record of personal information (not being a record relating to the
        administration of the Australian Archives) is in the custody of the
        Australian Archives; or

   (b)  a record of personal information (not being a record relating to the
        administration of the Australian War Memorial) is in the custody of
        the Australian War Memorial; the agency by or on behalf of which the
        record was placed in that custody or, if that agency no longer exists,
        the agency to whose functions the contents of the record are most
        closely related, shall be regarded, for the purposes of this Act, as
        the record-keeper in relation to that record.

(5) Where a record of personal information was placed by or on behalf of an
agency in the memorial collection within the meaning of the Australian War 
Memorial Act 1980 , that agency or, if that agency no longer exists, the
agency to whose functions the contents of the record are most closely related,
shall be regarded, for the purposes of this Act, as the record-keeper in
relation to that record.