Privacy Act 1988
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View history notePart IV (heading) substituted by No 51 of 2010, Sch 5 item 53, effective 1 November 2010.
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
(c) examining the records of the Commissioner of Taxation to ensure that the Commissioner:
(ii) are taking adequate measures to prevent the unlawful disclosure of such information;
(i) is not using tax file number information for purposes beyond his or her powers; and
(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.
(ii) is taking adequate measures to prevent the unlawful disclosure of the tax file number information that he or she holds;
[ CCH Note : For saving provision see note under s 27(1) .]
Other matters
28A(2)
The following are also the monitoring related functions of the Commissioner: (a) examining a proposed Commonwealth law 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 law 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.
S 28A(2) amended by No 154 of 2020, s 3 and Sch 3 items 75(3) and (4), effective 17 June 2021. For application provisions, see note under s 6(5) .
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.
S 28A(3) amended by No 59 of 2015.
28A(4)
If the reporting referred to in paragraph (2)(e) or (f) is done in writing, the instrument is not a legislative instrument.
S 28A inserted by No 116 of 1990; substituted by No 197 of 2012, s 3 and Sch 4 item 54, effective 12 March 2014. No 197 of 2012, s 3 and Sch 6 item 8 contains the following saving provision:
8 Saving
-
guidelines prepared and published under the Privacy Act
(1)
This item applies to guidelines if:
(a)
the guidelines were prepared and published under paragraph
27(1)(e)
or
28A(1)(e)
of the Privacy Act; and
(b)
the guidelines were in force immediately before the commencement time.
(2)
The guidelines have effect, after that time, as if they had been made under paragraph
28(1)(a)
of that Act, as inserted by Schedule 4 to this Act.
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