44Collection of certain attributes of individuals is prohibited

44 Collection of certain attributes of individuals is prohibited

(1) An accredited entity must not collect any of the following attributes of an individual: (a) information or an opinion about an individual’s racial or ethnic origin; (b) information or an opinion about an individual’s political opinions; (c) information or an opinion about an individual’s membership of a political association; (d) information or an opinion about an individual’s religious beliefs or affiliations; (e) information or an opinion about an individual’s philosophical beliefs; (f) information or an opinion about an individual’s sexual orientation or practices.

Civil penalty: 1,500 penalty units.

(2) Subsection (1) does not apply if the accredited entity: (a) did not solicit the attribute of the individual; and (b) destroys the attribute, as soon as practicable, after becoming aware the accredited entity has collected the attribute.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

(3) Subsection (1) does not prevent other kinds of attributes (permitted attributes) of individuals from being collected if the permitted attributes are not primarily of the kind described in subsection (1), even if attributes of the kind described in that subsection can reasonably be inferred from the permitted attributes.

Note: Example: Even if an individual’s racial or ethnic origin can reasonably be inferred from the individual’s name or place of birth, this does not prevent the individual’s name or place of birth from being collected.

(4) In this section: solicits: an accredited entity solicits an attribute of an individual if the accredited entity requests another entity to provide the attribute, or to provide information that includes the attribute.