Victorian Current Acts Victorian Current ActsSchedule 2––Transitional and savings provisions
1 Definitions
In this Schedule—
"commencement day" means the day on which Part 8 comes into operation;
"Commissioner for Law Enforcement Data Security" means the Commissioner for Law Enforcement Data Security appointed under section 5 of the Commissioner for Law Enforcement Data Security Act 2005 as in force immediately before the commencement day;
"former Commissioner" means—
(a) the Commissioner for Law Enforcement Data Security; or
(b) the Privacy Commissioner;
"old Act" means—
(a) the Commissioner for Law Enforcement Data Security Act 2005 ; or
(b) the Information Privacy Act 2000 ;
"Privacy Commissioner" means the Privacy Commissioner appointed under section 50 of the Information Privacy Act 2000 as in force immediately before the commencement day.
2 General transitional provisions
(1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .
(2) If a repealed provision of an old Act continues to apply by force of this Schedule, the following provisions also continue to apply in relation to that provision—
(a) any other repealed provisions of the old Act necessary to give effect to that provision;
(b) any regulations made under the old Act for the purposes of that provision.
(3) Without limiting subclause (1), in declaring that certain provisions of the new Act are to be treated as re-enacting with modifications certain provisions of the Information Privacy Act 2000 , this Schedule must not be taken to limit the operation of any provision of the Interpretation of Legislation Act 1984 relating to the re‑enactment.
(4) This Schedule applies despite anything to the contrary in any other provision of the new Act.
3 Superseded reference
(1) On and from the commencement day, a reference to an old Act in any Act or in any instrument made under any Act or in any other document of any kind, must be read as a reference to this Act unless the context otherwise requires.
(2) In this clause, a reference to any Act does not include a reference to this Act or a provision of an old Act continued by this Act.
4 Re-enacted provisions—Information Privacy Act 2000
A provision or provisions of the Information Privacy Act 2000 specified in Column 1 of the Table are taken to be re-enacted (with modifications) by the provision or provisions of this Act appearing opposite in Column 2 of the Table.
|
Old provision |
New provision |
|---|---|
|
Section 14(1) and (2) | |
|
Section 16(1) and (4) | |
|
Sections 59 and 60 | |
|
Section 29 (except subsection (3)) | |
|
Sections 29(3), 34A, 34B, 34C and 34D | |
|
Section 80 | |
|
Section 81 | |
|
Schedule 1 |
Schedule 1 |
5 Office of Privacy Commissioner abolished
On the commencement day—
(a) the office of the Privacy Commissioner is abolished and the person holding that office and any person acting in that office go out of office; and
(b) all rights, property and assets that, immediately before that day, were vested in the office of the Privacy Commissioner are, by force of this section, vested in the office of the Commissioner; and
(c) all debts, liabilities and obligations of the office of the Privacy Commissioner existing immediately before that day become, by force of this section, debts, liabilities and obligations of the office of the new Commissioner; and
(d) the Commissioner is, by force of this section, substituted as a party to any proceeding pending in any court or tribunal to which the Privacy Commissioner was a party immediately before that day; and
(e) the Commissioner is, by force of this section, substituted as a party to any arrangement or contract entered into by or on behalf of the Privacy Commissioner as a party and in force immediately before that day.
6 Office of Commissioner for Law Enforcement Data Security abolished
On the commencement day—
(a) the office of the Commissioner for Law Enforcement Data Security is abolished and the person holding that office and any person acting in that office go out of office; and
(b) all rights, property and assets that, immediately before that day, were vested in the office of the Commissioner for Law Enforcement Data Security are, by force of this section, vested in the office of the Commissioner; and
(c) all debts, liabilities and obligations of the office of the Commissioner for Law Enforcement Data Security existing immediately before that day become, by force of this section, debts, liabilities and obligations of the office of the Commissioner; and
(d) the Commissioner is, by force of this section, substituted as a party to any proceeding pending in any court or tribunal to which the Commissioner for Law Enforcement Data Security was a party immediately before that day; and
(e) the Commissioner is, by force of this section, substituted as a party to any arrangement or contract entered into by or on behalf of the Commissioner for Law Enforcement Data Security as a party and in force immediately before that day.
7 References to former Commissioner
On the commencement day any reference to a former Commissioner in any Act (other than this Act) or in any rule, regulation, order, agreement, instrument, deed or other document (by whatever named called or however described) must, so far as it relates to any period on or after that day and if not inconsistent with the context or subject-matter, be construed as a reference to the Commissioner.
8 Staff of Privacy Commissioner and Commissioner for Law Enforcement Data Security
On the commencement day, any staff employed under Part 3 of the Public Administration Act 2004 immediately before the commencement day by a former Commissioner are taken to be employed by the Commissioner under section 114 of this Act.
9 Offences
On and after the commencement day, the Commissioner may commence or continue a prosecution for an offence committed under the Information Privacy Act 2000 or the Commissioner for Law Enforcement Data Security Act 2005 .
10 Annual reports under Information Privacy Act 2000 for reporting periods which end before commencement day
(1) This clause applies if—
(a) a reporting period has ended before the commencement day; and
(b) the Privacy Commissioner has not prepared a report of operations referred to in section 62 of the Information Privacy Act 2000 for that reporting period before that day.
(2) On and after the commencement day, the Commissioner must, for the reporting period, prepare a report of operations under Part 7 of the Financial Management Act 1994 which includes the information required by section 62 of the Information Privacy Act 2000 .
(3) Section 62 of the Information Privacy Act 2000 applies for the purposes of subclause (2) as if that section had not been repealed.
(4) In this clause—
"reporting period" means the period commencing on 1 July in any year and ending on 30 June in the following year.
11 Annual reports under Information Privacy Act 2000 for reporting periods that end on or after commencement day
(1) This clause applies if a reporting period ends on or after the commencement day.
(2) On and after the commencement day, the Commissioner must, for the reporting period, prepare a report which includes the information required by section 62 of the Information Privacy Act 2000 and include that report as part of the Commissioner's first report after the end of the reporting period under section 116.
(3) Section 62 of the Information Privacy Act 2000 applies for the purposes of subclause (2) as if that section had not been repealed.
(4) In this clause—
"reporting period" means the period commencing on 1 July in any year and ending on 30 June in the following year.
12 Approved codes of practice
(1) On the commencement day, an approved code of practice under the Information Privacy Act 2000 that was in operation immediately before that day, is taken to be an approved code of practice under this Act.
(2) On the commencement day, the register of approved codes of practice kept under section 22 of the Information Privacy Act 2000 is taken to be the register established under section 25 of this Act.
13 Complaints and compliance notices
(1) This Act applies to a complaint made but not declined, referred or finally determined under the Information Privacy Act 2000 before the commencement day as if the complaint had been made under section 58 of this Act.
(2) This Act applies to a compliance notice served under section 44 of the Information Privacy Act 2000 but not set aside before the commencement day as if the compliance notice had been served under section 78 of this Act.
14 Annual reports under Commissioner for Law Enforcement Data Security Act 2005 for reporting periods which end before commencement day
(1) This clause applies if—
(a) a reporting period has ended before the commencement day; and
(b) the Commissioner for Law Enforcement Data Security has not made a report to the Minister under section 17 of the Commissioner for Law Enforcement Data Security Act 2005 for that reporting period before that day.
(2) On and after the commencement day, the Commissioner must, for the reporting period, make a report to the Minister under section 17 of the Commissioner for Law Enforcement Data Security Act 2005 .
(3) Section 17 of the Commissioner for Law Enforcement Data Security Act 2005 applies for the purposes of subclause (2) as if that section had not been repealed.
(4) In this clause—
"reporting period" means the period commencing on 1 July in any year and ending on 30 June in the following year.
15 Annual reports under Commissioner for Law Enforcement Data Security Act 2005 for reporting periods which end on or after commencement day
(1) This clause applies if a reporting period ends on or after the commencement day.
(2) On and after the commencement day, the Commissioner must, for the reporting period, make a report to the Minister under section 17 of the Commissioner for Law Enforcement Data Security Act 2005 and include that report as part of the Commissioner's first report after the end of the reporting period under section 116.
(3) Section 17 of the Commissioner for Law Enforcement Data Security Act 2005 applies for the purposes of subclause (2) as if that section had not been repealed.
(4) In this clause—
"reporting period" means the period commencing on 1 July in any year and ending on 30 June in the following year.
16 Annual reports under Commissioner for Law Enforcement Data Security Act 2005 that have not been laid before Parliament
(1) This clause applies if—
(a) a report has been made to the Minister under section 17 of the Commissioner for Law Enforcement Data Security Act 2005 before the commencement day; and
(b) that report has not been laid before each House of Parliament in accordance with that section before that day.
(2) Despite the repeal of section 17 of the
Commissioner for Law Enforcement Data Security Act 2005 , subsection (2) of
that section continues to apply in respect of that report.
Sch. 3 repealed by No. 60/2014 s. 141, new Sch. 3 inserted by No. 20/2017 s. 105.