100Regulations

#### 100 Regulations (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (1A) Before the Governor‑General makes regulations for the purposes of Australian Privacy Principle 8.3 prescribing a country or binding scheme, the Minister must be satisfied that: (a) the laws of the country, or the binding scheme, has the effect of protecting personal information about an individual in a way that, overall, is at least substantially similar to the way in which the Australian Privacy Principles protect the information; and (b) there are mechanisms that the individual can access to take action to enforce that protection. (1B) The regulations may prescribe a country or binding scheme for the purposes of Australian Privacy Principle 8.3 subject to: (a) conditions in relation to a specified entity or class of entities; and (b) conditions in relation to a specified kind or kinds of personal information. (2) Before the Governor‑General makes regulations for the purposes of Australian Privacy Principle 9.3 prescribing a government related identifier, an organisation or a class of organisations, and circumstances, the Minister must be satisfied that: (a) the relevant agency or State or Territory authority or, if the relevant agency or State or Territory authority has a principal executive, the principal executive: (i) has agreed that the adoption, use or disclosure of the identifier by the organisation, or the class of organisations, in the circumstances is appropriate; and (ii) has consulted the Commissioner about that adoption, use or disclosure; and (b) the adoption, use or disclosure of the identifier by the organisation, or the class of organisations, in the circumstances can only be for the benefit of the individual to whom the identifier relates. (3) Subsection (2) does not apply to the making of regulations for the purposes of Australian Privacy Principle 9.3 that relate to the use or disclosure of a government related identifier by an organisation, or a class of organisations, in particular circumstances if: (a) the identifier is a kind commonly used in the processing of pay, or deductions from pay, of Commonwealth officers, or a class of Commonwealth officers; and (b) the circumstances of the use or disclosure of the identifier relate to the provision by: (i) the organisation; or (ii) the class of organisations; of superannuation services (including the management, processing, allocation and transfer of superannuation contributions) for the benefit of Commonwealth officers or the class of Commonwealth officers; and (c) before the regulations are made, the Minister consults the Commissioner about the proposed regulations.