EXPLANATORY STATEMENT

 

 

Select Legislative Instrument 2006 No. 334

 

 

Issued by the Authority of the Attorney-General

 

 

Privacy Act 1988

 

Privacy Regulations 2006

 

Part VIA of the Privacy Act 1988 (the Act) provides for the collection, use and disclosure of personal information in emergencies and disasters.

To ensure that there is a clear and certain legal basis for information exchange to occur in an emergency or disaster situation, Part VIA of the Act overrides secrecy provisions in Commonwealth legislation (for the purposes of the Act), unless a secrecy provision is a ‘designated secrecy provision’. Paragraph 80P(7)(d) of the Act defines the term ‘designated secrecy provision’ to include a provision of a Commonwealth law prescribed by the Regulations.

The purpose of the Regulations is to prescribe the secrecy provisions of the Australian Bureau of Statistics (ABS) as designated secrecy provisions for the purposes of paragraph 80P(7)(d) of the Act. The prescribed secrecy provisions are sections 19 and 19A of the Census and Statistics Act 1905. The effect of the Regulations is to confirm that data collected by the ABS for statistical purposes is only used for statistical purposes.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required. The Regulations do not have a significant impact on business and individuals or the economy.

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.

The Regulations were made in consultation with the ABS. Wider consultation was unnecessary for this legislative instrument because this instrument affects only the ABS.