12Guidelines relating to privacy

#### 12 Guidelines relating to privacy (1) The matching agency and the source agencies must comply with guidelines issued under this section. (2) The Information Commissioner may, by legislative instrument, issue guidelines relating to the matching of data under this Act. (3) The function conferred by subsection (2) is a privacy function for the purposes of the Australian Information Commissioner Act 2010. (4) After the end of each financial year, each agency must give the Information Commissioner, and cause to be laid before each House of the Parliament, a report including the matters relating to the data‑matching program carried out during the financial year that are specified for the purposes of this subsection in guidelines issued under this section. (5) After the 3‑year period ending on 30 June 1998, and after each successive 3‑year period, each agency must give the Minister responsible for the agency a report for presentation to the Parliament including all the details relating to the data‑matching program carried out during the period that are specified for the purposes of this subsection in guidelines issued under this section. > Note: Section 34C of the Acts Interpretation Act 1901 sets time limits for giving reports to Ministers and for presentation of reports to the Parliament. (6) Despite section 12 of the Legislative Instruments Act 2003, guidelines issued under this section take effect from: (a) the first day on which the guidelines are no longer subject to disallowance; or (b) if the guidelines make provision for their commencement after that day—in accordance with that provision. 29 Subsection 13(1) (definition of Commissioner) Omit “Privacy Commissioner”, substitute “Information Commissioner acting in the performance of the privacy functions (within the meaning of the Australian Information Commissioner Act 2010)”. 30 Subsection 14(2) Omit “Privacy Commissioner”, substitute “Information Commissioner”. 31 Schedule Repeal the Schedule. Environment Protection and Biodiversity Conservation Act 1999 32 Paragraph 42(2)(e) of Schedule 1 Omit “Privacy Commissioner”, substitute “Information Commissioner under the Privacy Act 1988”. 33 Paragraph 53(2)(g) of Schedule 1 Omit “Privacy Commissioner”, substitute “Information Commissioner”. Fair Work Act 2009 34 Paragraph 510(1)(c) Omit “Privacy Commissioner”, substitute “Information Commissioner”. Fisheries Management Act 1991 35 Paragraph 42(2)(e) of Schedule 1A Omit “Privacy Commissioner”, substitute “Information Commissioner under the Privacy Act 1988”. 36 Paragraph 53(2)(g) of Schedule 1A Omit “Privacy Commissioner”, substitute “Information Commissioner”. Migration Act 1958 37 Paragraph 261AKD(2)(e) Omit “Privacy Commissioner”, substitute “Information Commissioner under the Privacy Act 1988”. 38 Paragraph 336E(2)(g) Omit “Privacy Commissioner”, substitute “Information Commissioner”. National Health Act 1953 39 Subsection 135AA(3) Omit “Privacy Commissioner”, substitute “Information Commissioner”. 40 Subsection 135AA(3) Omit “written notice”, substitute “legislative instrument”. 41 After subsection 135AA(3) Insert: (3A) The issuing of guidelines under this section is a privacy function for the purposes of the Australian Information Commissioner Act 2010. 42 Subsection 135AA(4) Omit “Privacy Commissioner”, substitute “Information Commissioner”. 43 Subsection 135AA(4) Omit “written notice”, substitute “legislative instrument”. 44 Subsections 135AA(5A) and (6) Omit “Privacy Commissioner”, substitute “Information Commissioner”. 45 Subsections 135AA(7) to (10) Repeal the subsections, substitute: When guidelines take effect (8) Despite section 12 of the Legislative Instruments Act 2003, guidelines take effect from: (a) the first day on which they are no longer liable to be disallowed; or (b) if the guidelines provide for their commencement after that day—in accordance with that provision. 46 Subsection 135AB(2) Omit “Privacy Commissioner”, substitute “Information Commissioner”. National Health and Medical Research Council Act 1992 48 Section 4 (definition of Privacy Commissioner) Repeal the definition. 49 Subparagraphs 61(4)(b)(i) and (ii) Omit “Privacy Commissioner”, substitute “Information Commissioner”. 50 Paragraphs 61(5)(c) and (d) Omit “Privacy Commissioner”, substitute “Information Commissioner”. 51 Subsection 61(6) Omit “Privacy Commissioner”, substitute “Information Commissioner”. Privacy Act 1988 52 Subsection 6(1) (definition of Commissioner) Repeal the definition, substitute: > Commissioner means the Information Commissioner within the meaning of the Australian Information Commissioner Act 2010. 53 Part IV (heading) Repeal the heading, substitute: