Commonwealth Numbered Regulations

PRIVACY (PRIVATE SECTOR) AMENDMENT REGULATIONS 2003 (NO. 1) 2003 NO. 322 - SCHEDULE 1

(regulation 3)

[1] Before regulation 1

insert

Part 1 Preliminary

[2] Before regulation 5

insert

Part 2 Privacy Codes

[3] After regulation 5, including the note

insert

Part 3 National Privacy Principles
6 Definitions for Part 3

In this Part:

"agency" means an agency, as defined in subsection 6 (1) of the Act, and specified in Schedule 2, in relation to which the Minister is satisfied that the events mentioned in paragraphs 100 (2) (a) and (b) of the Act have occurred.

"AGEST" means the Australian Government Employees Superannuation Trust (including a payroll contractor of that organisation).

"AvSuper" means AvSuper Pty Ltd (including a payroll contractor of AvSuper Pty Ltd).

"payroll contractor", of an organisation (the principal organisation ), means an organisation that is responsible, under a contract, for processing, on behalf of the principal organisation, any payments received by, or on behalf of, the principal organisation from an agency, its agent or its contracted service provider for the benefit of an individual employed, or formerly employed, by the agency.

"payroll number", assigned to an individual by an agency, means the identifier assigned to the individual by the agency, its agent or its contracted service provider for the purpose of providing salary and other employment benefits to the individual.

7 Exceptions to National Privacy Principle 7.1

For subclause 7.1A of the National Privacy Principles:

(a)

AvSuper is a prescribed organisation; and

(b)

the payroll number assigned to an individual by Airservices Australia or the Civil Aviation Safety Authority is a prescribed identifier; and

(c)

the prescribed circumstance is that the payroll number is adopted by AvSuper to provide a superannuation service to the individual.

8 Exceptions to National Privacy Principle 7.2

For paragraph 7.2 (c) of the National Privacy Principles:

(a)

AGEST and AvSuper are each a prescribed organisation; and

(b)

the payroll number assigned to an individual by an agency is a prescribed identifier; and

(c)

the prescribed circumstance is that the payroll number is used or disclosed by AGEST or AvSuper to provide a superannuation service to the individual.

[4] After Schedule 1

insert

Schedule 2 Agencies

(regulation 6)

1. Aboriginal and Torres Strait Islander Commission
2. Aboriginal and Torres Strait Islander Services
3. Aboriginal Hostels Ltd
4. Administrative Appeals Tribunal
5. Airservices Australia
6. Anindilyakwa Land Council
7. Attorney-General's Department
8. Australia Council
9. Australia-Japan Foundation
10. Australian Accounting Standards Board
11. Australian Agency for International Development
12. Australian Broadcasting Authority
13. Australian Broadcasting Corporation
14. Australian Bureau of Statistics
15. Australian Centre for International Agricultural Research
16. Australian Communications Authority
17. Australian Competition and Consumer Commission
18. Australian Crime Commission
19. Australian Customs Service
20. Australian Electoral Commission
21. Australian Federal Police
22. Australian Film Commission
23. Australian Film Television and Radio School
24. Australian Fisheries Management Authority
25. Australian Government Solicitor
26. Australian Greenhouse Office
27. Australian Hearing
28. Australian Heritage Commission
29. Australian Industrial Registry
30. Australian Industrial Relations Commission
31. Australian Industry Development Corporation
32. Australian Institute of Aboriginal and Torres Strait Islander Studies
33. Australian Institute of Criminology
34. Australian Institute of Family Studies
35. Australian Institute of Health and Welfare
36. Australian Institute of Marine Science
37. Australian Law Reform Commission
38. Australian Maritime College
39. Australian Maritime Safety Authority
40. Australian Military Forces Relief Trust Fund
41. Australian National Audit Office
42. Australian National Maritime Museum
43. Australian National Training Authority
44. Australian National University
45. Australian Nuclear Science and Technology Organisation
46. Australian Pesticides and Veterinary Medicines Authority
47. Australian Postal Corporation
48. Australian Protective Services
49. Australian Prudential Regulation Authority
50. Australian Public Service Commission
51. Australian Radiation Protection and Nuclear Safety Agency
52. Australian Reinsurance Pool Corporation
53. Australian Research Council
54. Australian Secret Intelligence Service
55. Australian Securities and Investments Commission
56. Australian Security Intelligence Organisation
57. Australian Sports Commission
58. Australian Sports Drug Agency
59. Australian Taxation Office
60. Australian Tourist Commission
61. Australian Trade Commission
62. Australian Transaction Reports and Analysis Centre
63. Australian War Memorial
64. Australian Wine and Brandy Corporation
65. Biotechnology Australia
66. Bureau of Meteorology
67. Central Land Council
68. Centrelink
69. Child Support Agency
70. Civil Aviation Safety Authority
71. Classification Board
72. Classification Review Board
73. Comcare
74. Commonwealth Grants Commission
75. Commonwealth Ombudsman Office
76. Commonwealth Scientific and Industrial Research Organisation
77. ComSuper
78. Corporations and Markets Advisory Committee
79. Cotton Research and Development Corporation
80. Criminology Research Council
81. CrimTrac Agency
82. CRS Australia
83. Commonwealth Superannuation Scheme Board
84. Dairy Adjustment Authority
85. Defence Force Retirement and Death Benefits Authority
86. Defence Housing Authority
87. Department of Agriculture, Fisheries and Forestry
88. Department of Communications, Information Technology and the Arts
89. Department of Defence
90. Department of Education, Science and Training
91. Department of Employment and Workplace Relations
92. Department of Environment and Heritage
93. Department of Family and Community Services
94. Department of Finance and Administration
95. Department of Foreign Affairs and Trade
96. Department of Health and Ageing
97. Department of Immigration and Multicultural and Indigenous Affairs
98. Department of Industry, Tourism and Resources
99. Department of the House of Representatives
100. Department of the Parliamentary Library
101. Department of the Parliamentary Reporting Staff
102. Department of the Prime Minister and Cabinet
103. Department of the Senate
104. Department of the Treasury
105. Department of Transport and Regional Services
106. Department of Veterans' Affairs
107. Equal Opportunity for Women in the Workplace Agency
108. Export Finance and Insurance Corporation
109. Family Court of Australia
110. Federal Court of Australia
111. Federal Magistrates Court
112. Fisheries Research and Development Corporation
113. Food Standards Australia New Zealand
114. Forest and Wood Products Research and Development Corporation
115. Frontline Defence Services
116. Geoscience Australia
117. Grains Research and Development Corporation
118. Grape and Wine Research and Development Corporation
119. Great Barrier Reef Marine Park Authority
120. Health Insurance Commission
121. High Court Of Australia
122. Human Rights and Equal Opportunity Commission
123. Indigenous Business Australia
124. Indigenous Land Corporation
125. Insolvency and Trustee Service Australia (ITSA)
126. Inspector General of Taxation
127. IP Australia
128. Joint House Department
129. Land and Water Resources Research and Development Corporation
130. Migration Review Tribunal
131. National Archives of Australia
132. National Blood Authority
133. National Capital Authority
134. National Competition Council
135. National Gallery of Australia
136. National Library of Australia
137. National Museum of Australia
138. National Native Title Tribunal
139. National Occupational Health and Safety Commission
140. National Oceans Office
141. National Office for the Information Economy
142. National Road Transport Commission
143. National Standards Commission
144. Northern Land Council
145. Office of Film and Literature Classification
146. Office of National Assessments
147. Office of Parliamentary Counsel
148. Office of the Director of Public Prosecutions
149. Office of the Federal Privacy Commissioner
150. Office of the Inspector-General of Intelligence and Security
151. Office of the Official Secretary of the Governor-General
152. Office of the Renewable Energy Regulator
153. Private Health Insurance Administration Council
154. Private Health Insurance Ombudsman
155. Productivity Commission
156. Professional Services Review Scheme
157. Public Sector Superannuation Scheme Board
158. Quarantine and Exports Advisory Council
159. Refugee Review Tribunal
160. Repatriation Commission
161. Reserve Bank of Australia
162. Royal Australian Air Force Veterans' Residences Trust Fund
163. Royal Australian Air Force Welfare Trust Fund
164. Royal Australian Navy Relief Trust Fund
165. Rural Industries Research and Development Corporation
166. Seafarers Safety, Rehabilitation and Compensation Authority
167. Social Security Appeals Tribunal
168. Special Broadcasting Service Corporation
169. Stevedoring Industry Finance Committee
170. Sugar Research and Development Corporation
171. Sydney Harbour Federation Trust
172. The Director of National Parks
173. Tiwi Land Council
174. Tobacco Research and Development Corporation
175. Veterans' Review Board
176. Wheat Export Authority