Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2018 (75 of 2018)

Schedule 7   Personal information that may be relevant for integrity purposes

Crimes Act 1914

1   Subsection 3(1)

Insert:

Commonwealth entity has the meaning given by section 10 of the Public Governance, Performance and Accountability Act 2013.

integrity purpose means the purpose of preventing, detecting, investigating or dealing with any of the following:

(a) misconduct (within the meaning of the Privacy Act 1988) of a serious nature by any of the following:

(i) an official (as defined in section 13 of the Public Governance, Performance and Accountability Act 2013) of a Commonwealth entity;

(ii) a person employed by, or in the service of, a Privacy Act agency or a wholly-owned Commonwealth company;

(iii) a person acting on behalf of, or for the purposes of activities of, a Privacy Act agency;

(iv) an officer of a wholly-owned Commonwealth company;

(b) conduct that may have the purpose or effect of inducing misconduct described in paragraph (a);

(c) fraud that has or may have a substantial adverse effect on the Commonwealth or a target entity;

(d) an offence against Chapter 7 of the Criminal Code (which is about the proper administration of Government).

Note 1: An example of dealing with the matters described in paragraphs (a), (b), (c) and (d) is taking legal proceedings, disciplinary proceedings or other administrative action.

Note 2: An integrity purpose relating to misconduct of a person covered by a subparagraph of paragraph (a) does not cease to exist merely because the person ceases to be covered by that subparagraph after the misconduct occurs.

personal information has the meaning given by section 6 of the Privacy Act 1988.

Privacy Act agency has the same meaning as agency has in the Privacy Act 1988.

sensitive information has the meaning given by section 6 of the Privacy Act 1988.

substantial adverse effect means an effect that is adverse and not insubstantial, insignificant or trivial.

target entity means:

(a) a Privacy Act agency; or

(b) a wholly-owned Commonwealth company.

Note: A target entity is an APP entity as defined in section 6 of the Privacy Act 1988, because it is either an agency or an organisation for the purposes of that Act (as a wholly-owned Commonwealth company is an organisation as defined in section 6C of that Act).

wholly-owned Commonwealth company has the meaning given by section 90 of the Public Governance, Performance and Accountability Act 2013.