Privacy Act 1988
PART IV
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FUNCTIONS OF THE INFORMATION COMMISSIONER
The following are the monitoring related functions of the Commissioner:
(a) monitoring the security and accuracy of information held by an entity that is information to which Part IIIA applies;
(b) examining the records of entities to ensure that the entities:
(c) examining the records of the Commissioner of Taxation to ensure that the Commissioner:
(d) evaluating compliance with the rules issued under section 17 ;
(e) monitoring the security and accuracy of tax file number information kept by file number recipients.
Other matters
28A(2)
The following are also the monitoring related functions of the Commissioner:
(a) examining a proposed enactment that would require or authorise acts or practices of an entity that might otherwise be interferences with the privacy of individuals, or which may otherwise have any adverse effects on the privacy of individuals;
(b) examining a proposal for data matching or linkage that may involve an interference with the privacy of individuals, or which may otherwise have any adverse effects on the privacy of individuals;
(c) ensuring that any adverse effects of the proposed enactment or the proposal on the privacy of individuals are minimised;
(d) undertaking research into, and monitoring developments in, data processing and technology (including data matching and linkage) to ensure that any adverse effects of such developments on the privacy of individuals are minimised;
(e) reporting to the Minister the results of that research and monitoring;
(f) monitoring and reporting on the adequacy of equipment and user safeguards.
28A(3)
The functions referred to in paragraphs (2)(a) and (b) may be performed by the Commissioner:
(a) on request by a Minister; or
(b) on the Commissioner ' s own initiative.
If the reporting referred to in paragraph (2)(e) or (f) is done in writing, the instrument is not a legislative instrument.
Division 2
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Functions of Commissioner
SECTION 28A
MONITORING RELATED FUNCTIONS OF THE COMMISSIONER
Credit reporting and tax file number information
28A(1)
The following are the monitoring related functions of the Commissioner:
(a) monitoring the security and accuracy of information held by an entity that is information to which Part IIIA applies;
(b) examining the records of entities to ensure that the entities:
(i) are not using information to which Part IIIA applies for unauthorised purposes; and
(ii) are taking adequate measures to prevent the unlawful disclosure of such information;
(c) examining the records of the Commissioner of Taxation to ensure that the Commissioner:
(i) is not using tax file number information for purposes beyond his or her powers; and
(ii) is taking adequate measures to prevent the unlawful disclosure of the tax file number information that he or she holds;
(d) evaluating compliance with the rules issued under section 17 ;
(e) monitoring the security and accuracy of tax file number information kept by file number recipients.
[ CCH Note : For saving provision see note under s 27(1) .]
The following are also the monitoring related functions of the Commissioner:
(a) examining a proposed enactment that would require or authorise acts or practices of an entity that might otherwise be interferences with the privacy of individuals, or which may otherwise have any adverse effects on the privacy of individuals;
(b) examining a proposal for data matching or linkage that may involve an interference with the privacy of individuals, or which may otherwise have any adverse effects on the privacy of individuals;
(c) ensuring that any adverse effects of the proposed enactment or the proposal on the privacy of individuals are minimised;
(d) undertaking research into, and monitoring developments in, data processing and technology (including data matching and linkage) to ensure that any adverse effects of such developments on the privacy of individuals are minimised;
(e) reporting to the Minister the results of that research and monitoring;
(f) monitoring and reporting on the adequacy of equipment and user safeguards.
[ CCH Note: S 28A(2) will be amended by No 154 of 2020, s 3 and Sch 3 item 75, by substituting " Commonwealth law " for " enactment " in para (a) and " law " for " enactment " in para (c), effective 17 June 2021. For application provisions, see note under s 6(5) .]
The functions referred to in paragraphs (2)(a) and (b) may be performed by the Commissioner:
(a) on request by a Minister; or
(b) on the Commissioner ' s own initiative.
28A(4)
If the reporting referred to in paragraph (2)(e) or (f) is done in writing, the instrument is not a legislative instrument.
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