PRIVACY ACT 1988

PART V - INVESTIGATIONS ETC.  

Division 4 - Review and enforcement of determinations involving Commonwealth agencies  

[ Commissioner's Note: Section 16(2) of the 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 review and enforcement of determinations involving Commonwealth agencies 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 62   ENFORCEMENT OF DETERMINATION AGAINST AN AGENCY  

    62(1)  


    If an agency fails to comply with section 58 , an application may be made to the Federal Court or the Federal Circuit Court for an order directing the agency to comply.

    62(2)  


    If the principal executive of an agency fails to comply with section 59 , an application may be made to the Federal Court or the Federal Circuit Court for an order directing the principal executive to comply.

    62(3)  


    The application may be made by:


    (a) if the determination was made under subsection 52(1) - the complainant; or


    (b) the Commissioner.

    62(4)  


    On an application under this section, the court may make such other orders as it thinks fit with a view to securing compliance by the agency or principal executive.

    62(5)  
    An application may not be made under this section in relation to a determination under section 52 until:


    (a) the time has expired for making an application under section 96 for review of the determination; or


    (b) if such an application is made, the decision of the Administrative Appeals Tribunal on the application has come into operation.

    62(6)  


    In this section:

    complainant
    , in relation to a representative complaint, means a class member.




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