Victorian Current Acts Victorian Current ActsSchedule 3—Transitional provisions—Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017
1 Definition
In this Schedule—
"commencement day" means the day on which Part 3 of the Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017 comes into operation.
2 Office of Commissioner for Privacy and Data Protection abolished
On the commencement day—
(a) the office of the Commissioner for Privacy and Data Protection 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 Privacy and Data Protection are, by force of this clause, vested in the Office of the Victorian Information Commissioner; and
(c) all debts, liabilities and obligations of the office of the Commissioner for Privacy and Data Protection existing immediately before that day become, by force of this clause, debts, liabilities and obligations of the Office of the Victorian Information Commissioner; and
(d) the Information Commissioner is, by force of this clause, substituted as a party to any proceeding pending in any court or tribunal to which the Commissioner for Privacy and Data Protection was a party immediately before that day; and
(e) the Information Commissioner is, by force of this clause, substituted as a party to any arrangement or contract entered into by or on behalf of the Commissioner for Privacy and Data Protection as a party and in force immediately before that day.
3 References to Commissioner for Privacy and Data Protection
On the commencement day any reference to the Commissioner for Privacy and Data Protection in any Act (other than this Act) or in any rule, regulation, order, agreement, instrument, deed or other document (by whatever name 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 Information Commissioner, in the Information Commissioner's capacity under this Act.
4 Staff
On the commencement day, any staff employed under Part 3 of the Public Administration Act 2004 immediately before the commencement day by the Commissioner for Privacy and Data Protection are taken to be employed by the Information Commissioner under section 6Q of the Freedom of Information Act 1982 .
5 Codes of practice
This Act as in force on and after the commencement day applies to any application to approve a code of practice or amend an approved code of practice that was received but not approved before the commencement day.
6 Public interest determinations
This Act as in force on and after the commencement day applies to any application for a public interest determination or a temporary public interest determination that was received but not determined before the commencement day.
7 Information usage arrangements
This Act as in force on and after the commencement day applies in relation to any application to approve an information usage arrangement or amend an approved information usage arrangement that was received but not approved before the commencement day and anything done under this Act as in force before the commencement day in relation to that application has effect for that purpose.
8 Complaints
This Act as in force immediately before the commencement day continues to apply in relation to any complaint made under Division 8 of Part 3 but not determined before the commencement day as if any reference to the Commissioner for Privacy and Data Protection were a reference to the Information Commissioner.
9 Compliance notices
This Act as in force immediately before the commencement day continues to apply in relation to a written notice given before the commencement day under section 79, as in force immediately before its substitution, as if any reference to the Commissioner for Privacy and Data Protection were a reference to the Information Commissioner.
10 Protective data security standards
The Information Commissioner may amend, revoke or reissue in accordance with section 87 a protective data security standard issued and in force before the commencement day.
11 Law enforcement data security standards
The Information Commissioner may amend, revoke or reissue in accordance with section 92 a law enforcement data security standard issued and in force before the commencement day.
12 Reports 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 Privacy and Data Protection has not prepared an annual report referred to in section 116 for that reporting period before that day.
(2) On and after the commencement day, the Information Commissioner must prepare an annual report for the reporting period in accordance with section 116.
(3) The annual report may be prepared as a composite report with the report prepared under clause 14 of Schedule 1 to the Freedom of Information Act 1982 .
(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.
13 Annual reports for reporting periods which end on or after the 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 Information Commissioner must prepare a report in accordance with section 116 for the part of the reporting period occurring before the commencement day and include that report in the Information Commissioner's first report under that section after the end of the reporting period.
(3) In this clause—
"reporting period" means the period commencing on 1 July in any year and ending on 30 June in the following year.
14 Report to Minister
(1) This clause applies if the Commissioner for Privacy and Data Protection has not prepared a report requested under section 111 before the commencement day.
(2) On and after the commencement day, the Information Commissioner must prepare the report in accordance with section 111 as in force before the commencement day.
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