18. Personal Information18. Personal Information

18. Personal Information

18.1 The Registrar:
(a) agrees to abide by the Privacy Act 1988, including the Information Privacy Principles, as if it were an agency of the Commonwealth; and
(b) must, in the course of providing Registration Services to cabling providers, comply with the obligations set out in this clause 18 in light of its obligation under paragraph (a).

18.2 The Registrar must ensure that any of its employees or any subcontractor who requires access to any Personal Information held in connection with this Deed:
(a) is informed that they must not access, use, disclose or retain Personal Information except in performing their duties of employment or contractual obligations or when acting pursuant to any requirements of or directions given by the ACA; and
(b) is informed that failure to comply with this requirement:
(i) may be a criminal offence; and
(ii) may also lead the Registrar to take disciplinary action against the employee or legal action against the subcontractor, as the case may be;
before they get access to that Personal Information.
18.3 The Registrar must, in respect of any Personal Information held in connection with this Deed (including the provision of Registration Services), immediately notify the ACA where the Registrar becomes aware of a breach of clause 18.1 or 18.2.
18.4 The Registrar must in respect of any Personal Information held in connection with this Deed cooperate with any reasonable requests or directions of the ACA arising directly from or in connection with the exercise of the functions of the Privacy Commissioner under the Privacy Act 1988 or otherwise, including but not limited to the issuing of any guidelines concerning the handling of Personal Information.
18.5 The Registrar acknowledges that:
(a) any unauthorised and intentional access, destruction, alteration, addition or impediment to access or usefulness of Personal Information stored in any computer in the course of performing this Deed is an offence under Part VIA of the Crimes Act 1914 for which there are a range of penalties, including a maximum of up to 10 years imprisonment; and
(b) the publication or communication of any fact or document by a person which has come into their knowledge or into their possession or custody by virtue of the performance of this Deed, other than to a person to whom the Registrar is authorised to publish or disclose the fact or document, may be an offence under section 70 of the Crimes Act 1914, the maximum penalty for which is 2 years imprisonment.

18.6 The Registrar indemnifies the ACA in respect of any liability, loss or expense which is incurred and which arises out of or in connection with a breach of the obligations of the Registrar or its employees or any subcontractor under clauses 18.1 to 18.5 except to the extent that the liability, loss or expense was caused by an act or omission of the ACA.
18.7 A complaint alleging an interference with the privacy of an individual in respect of any services performed under this Deed must be handled by the Registrar in accordance with the following procedures:
(a) where the Registrar receives a complaint alleging an interference with the privacy of an individual by the Registrar or its employees or any subcontractor, it shall immediately notify the ACA of the nature of the complaint;
(b) after the ACA has been given notice in accordance with paragraph (a), the Registrar must keep the ACA informed of all progress with the complaint; and
(c) at the ACA’s request, the Registrar must transfer the handling of the complaint to the ACA.
18.8 This clause 18 will continue to have effect after the termination of this Deed.