Privacy (International Money Transfers) Temporary Public Interest Determination 2014 (No 2) [F2014L00534] -New and continuing matters [2014] AUSStaCSDLM 121 (25 June 2014)

• Privacy (International Money Transfers) Temporary Public Interest Determination 2014 (No. 2) [F2014L00534]
• Drafting

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Chapter 1

New and continuing matters

This chapter lists new matters identified by the committee at its meeting on 25 June 2014, and continuing matters in relation to which the committee has received recent correspondence. The committee will write to relevant ministers or instrument makers in relation to substantive matters seeking further information or an appropriate undertaking within the disallowance period.

Matters which the committee draws to the attention of the relevant minister or instrument maker are raised on an advice-only basis and do not require a response.

Privacy (International Money Transfers) Temporary Public Interest Determination 2014 (No. 2) [F2014L00534]

Purpose	Provides that the Reserve Bank of Australia is taken not to breach section 15 of the Privacy Act 1988 in relation to certain acts and practices involved in the overseas disclosure of an individual's personal information in the processing of an international money transfer
Last day to disallow[1]	17 July 2014
Authorising legislation	Privacy Act 1988
Department	Attorney-General's

Issue:

Drafting

This instrument is made by the Privacy Commissioner under subsection 80A(2) of the Privacy Act 1988. It authorises the Reserve Bank of Australia (RBA) to do certain things that would otherwise be in breach of Australian Privacy Principle (APP) 8.1. The authority is given on the basis that the public interest in collecting the relevant information outweighs adherence to the relevant APP.

The acts and practices of the RBA that are authorised are set out in section 7 of the instrument of the instrument. They include circumstances where:

...the RBA, in conduction its banking business under the Banking Act 1959 (section 8(1)), and under the Reserve Bank Act 1959 (sections 26 and 27), processes an international money transfer (IMT) on behalf of one of its customers [emphasis added].

The committee notes that the apparent typographical error ('in conduction' for 'in conducting') suggests a want of care in the drafting of the instrument. While it may not lead to ambiguity in the operation or interpretation of the instrument, the provision is part of a legislative mechanism authorising what would otherwise be a breach of an APP. In the committee's view, particular care should be taken in the drafting of provisions which authorise intrusions into the personal rights or liberties of individuals (under scrutiny principle (b), the committee is required to ensure that legislative instruments do not unduly trespass on personal rights and liberties). The committee therefore draws this issue to the attention of the Privacy Commissioner.

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^[1] 'Last day to disallow' refers to the last day on which notice may be given of a motion for disallowance in the Senate.