PRIVACY ACT 1988

PART V - INVESTIGATIONS ETC.  

Division 3 - Enforcement  

[ Commissioner's Note: Section 16(1) of Law and Justice Legislation Amendment Act 1993 Act No 13 of 1994 provides that an amendment made by Act No 13 of 1994 relating to the enforcement of determinations as if they were orders of the Federal Court does not apply to:

  • - a determination made before the commencement of the amendment; or
  • - a determination made after the commencement of the amendment in respect of a representative complaint lodged before the commencement of the amendment.]
  • SECTION 55B   EVIDENTIARY CERTIFICATE  

    55B(1)   [Commissioner may issue written certificate]  

    The Commissioner may issue a written certificate setting out the findings of fact upon which the Commissioner based his or her determination that:


    (a) a specified APP entity had breached an Australian Privacy Principle; or


    (b) a specified APP entity had breached a registered APP code that binds the entity.

    55B(2)  
    (Repealed by No 197 of 2012)

    55B(3)   [Certificate is evidence of certain facts]  

    In any proceedings under section 55A, a certificate under subsection (1) of this section is prima facie evidence of the facts found by the Commissioner and set out in the certificate. However, the certificate is not prima facie evidence of a finding that:


    (a) a specified APP entity had breached an Australian Privacy Principle; or


    (b) a specified APP entity had breached a registered APP code that binds the entity.

    55B(4)   [Document is certificate if properly given]  

    A document purporting to be a certificate under subsection (1) must, unless the contrary is established, be taken to be a certificate and to have been properly given.




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