Privacy Legislation Amendment (Emergencies and Disasters) Act 2006
An Act to make provision for dealing with personal information in emergencies and disasters, and for related purposes
1 Short title
privacy-legislation-amendment-emergencies-and-disasters-act-2006.pdf, p.5
2 Commencement
Commences on day after receiving Royal Assent.
privacy-legislation-amendment-emergencies-and-disasters-act-2006.pdf, p.6
3 Schedule(s)
Schedules for amendment or repeal of Acts
1 After Part VI
privacy-legislation-amendment-emergencies-and-disasters-act-2006.pdf, p.7
80F Object
Special provision for personal information collection, use and disclosure in emergencies and disasters.
80G Interpretation
80G(1) Interpretation
duty of confidence means any duty or obligation arising under the common law or at equity
Australian citizen has a duty of confidence
emergency declaration means a declaration under section 80J or 80K
Australian citizen has an emergency declaration if declared by the Minister for Home Affairs
Exclusion of legal professional privilege
but does not include legal professional privilege
duty of confidence does not include legal professional privilege
80G(2) Interpretation
Interpretation of personal information definition includes deceased individuals.
80H Meaning of permitted purpose
privacy-legislation-amendment-emergencies-and-disasters-act-2006.pdf, p.8
80H(1) Meaning of permitted purpose
Directly relates to the Commonwealth's response to an emergency or disaster.
(1) For the purposes of this Part, a permitted purpose is a purpose that...
80H(2) Meaning of permitted purpose
Permitted purposes in relation to an emergency or disaster
80J Declaration of emergency—events of national significance
Declaration of emergency—events of national significance
privacy-legislation-amendment-emergencies-and-disasters-act-2006.pdf, p.9
The Prime Minister or the Minister may make a declaration under this section
if the Prime Minister or the Minister (as the case may be) is satisfied that...
Temporal relationship with affected citizens
(d) the emergency or disaster has affected one or more Australian citizens or permanent residents (whether within Australia or overseas)
...and (d) the emergency or disaster has affected one or more Australian citizens or permanent residents...
A declaration under this section is merely a trigger for the operation of this Part
...and is not directly related to any other legislative or non-legislative scheme about emergencies.
...and (c) the emergency or disaster is of national significance...
80K Declaration of emergency—events outside Australia
80K(1) Declaration of emergency—events outside Australia
Declaration of emergency outside Australia
(a) an emergency or disaster has occurred outside Australia;
The Prime Minister or the Minister may make a declaration under this section.
(b) the emergency or disaster is of such a kind that it is appropriate in the circumstances for this Part to apply in relation to the emergency or disaster;
(c) the emergency or disaster has affected one or more Australian citizens or permanent residents (whether within Australia or overseas);
Declaration relates to events outside Australia
The declaration applies to the emergency or disaster.
Declaration implies conditions for application
The declaration applies if the condition is met.
80K(2) Declaration of emergency—events outside Australia
Minister must consult other minister before making a declaration under this section.
(2) The Minister must consult the Minister administering the Diplomatic Privileges and Immunities Act 1967 before the Minister makes a declaration under this section.
The Minister MUST consult the Minister administering the Diplomatic Privileges and Immunities Act 1967.
Declaration is merely a trigger for the operation of this Part
A declaration under this section is merely a trigger for the operation of this Part and is not directly related to any other legislative or non-legislative scheme about emergencies.
The Minister MUST declare that events outside Australia are occurring.
80L Form of declarations
privacy-legislation-amendment-emergencies-and-disasters-act-2006.pdf, p.10
80L(1) Form of declarations
Emergency declaration must be in writing and signed by the Prime Minister or Minister.
80L(2) Form of declarations
Publish emergency declaration on website and in Gazette
80L(3) Form of declarations
An emergency declaration is not a legislative instrument.
80M When declarations take effect
Emergency declarations take effect from the time of signing.
80N When declarations cease to have effect
Emergency declaration ceases at specified time, revocation, or end of 12 months.
Defines temporal interval for declaration duration
80P Authorisation of collection, use and disclosure of personal
80P(1) Authorisation of collection, use and disclosure of personal
Entity may collect, use or disclose personal information in emergency or disaster if certain conditions met.
Entity has permission to collect, use or disclose personal information under certain conditions.
the entity reasonably believes that the individual concerned may be involved in the emergency or disaster
The entity is permitted to collect, use or disclose personal information if the conditions are met.
This provision applies during an emergency or disaster when certain conditions are met.
The provision applies during the emergency or disaster when the conditions are met.
This provision is applicable until the emergency or disaster ends.
The provision is applicable until the emergency or disaster ends when the conditions are met.
This provision diffuses information about entities that may collect, use or disclose personal information under certain conditions.
The provision diffuses information through the entity that may collect, use or disclose personal information if the conditions are met.
80P(2) Authorisation of collection, use and disclosure of personal
Entity not liable for contravening secrecy provision if authorized by subsection (1)
Exemption from liability for secrecy provision
80P(3) Authorisation of collection, use and disclosure of personal
Liability for breach of duty of confidence
80P(4) Authorisation of collection, use and disclosure of personal
Entity authorized to collect, use and disclose personal information without breaching Information Privacy Principle.
Entity permitted to collect, use and disclose personal information.
(4) An entity that is an agency does not breach an Information Privacy Principle in respect of a collection, use or disclosure of personal information authorised by subsection (1).
Entity permitted to collect, use and disclose personal information during authorized period.
Entity permitted to collect, use and disclose personal information until authorized period ends.
Entity permitted to collect, use and disclose personal information through authorized channels.
Entity permitted to collect, use and disclose personal information with AI assistance.
80P(5) Authorisation of collection, use and disclosure of personal
No breach of approved privacy code or National Privacy Principle for collection, use, or disclosure of personal information authorized by subsection (1).
80P(6) Authorisation of collection, use and disclosure of personal
Authorized collection, use and disclosure of personal information by agency officers or employees.
Agency authorization required for officer/employee actions.
Agency must authorize officer/employee actions.
Officer/employee authorized to collect, use and disclose personal information.
80P(7) Authorisation of collection, use and disclosure of personal
Definition of designated secrecy provision and entity.
80Q Disclosure of information—offence
privacy-legislation-amendment-emergencies-and-disasters-act-2006.pdf, p.12
80Q(1) Disclosure of information—offence
Disclosing personal information without responsibility is an offence.
Prohibition of disclosing personal information without responsibility.
(a) personal information that relates to an individual is disclosed to the first person because of the operation of this Part; and (b) the first person subsequently discloses the personal information;
The first person commits an offence if...
80Q(2) Disclosure of information—offence
Disclosure of information is permitted under certain conditions.
80Q(3) Disclosure of information—offence
Authorisation of disclosure of personal information
(3) If a disclosure of personal information is covered by subsection (2), the disclosure is authorised by this section.
Describes the temporal relationship between disclosure and authorisation
The disclosure occurs during the authorisation period.
Describes the relationship between disclosure and diffusion of information
The disclosure implies the diffusion of information.
Describes the relationship between disclosure and artificial intelligence
Describes the relationship between disclosure and schema
The disclosure is authorised according to the schema.
80Q(4) Disclosure of information—offence
Court must include any tribunal, authority or person having power to require production of documents or answering of questions.
Includes any tribunal, authority or person having power to require production of documents or answering of questions.
(4) For the purposes of paragraph (2)(f),
Court includes any tribunal, authority or person having power to require production of documents or answering of questions.
80R Operation of Part
privacy-legislation-amendment-emergencies-and-disasters-act-2006.pdf, p.13
80R(1) Operation of Part
Operation of Part is not limited by secrecy provisions of other laws.
Prevents operation from being limited by secrecy provisions.
(1) The operation of this Part is not limited by a secrecy provision of any other law...
...except to the extent that the secrecy provision expressly excludes the operation of this section.
Allows operation to be limited by secrecy provisions under certain conditions.
Describes the temporal relationship between the operation and secrecy provisions.
Describes the recurring nature of the operation's limitation by secrecy provisions.
Imposes an obligation on the operation to be limited by secrecy provisions under certain conditions.
80R(2) Operation of Part
No entity is required to collect, use or disclose personal information.
No obligation to collect, use or disclose personal information.
Nothing in this Part is to be taken to require an entity to collect, use or disclose personal information.
(2) Nothing in this Part is to be taken to require an entity to collect, use or disclose personal information.
80S Severability—additional effect of Part
privacy-legislation-amendment-emergencies-and-disasters-act-2006.pdf, p.14
80S(1) Severability—additional effect of Part
Part has effect in relation to a collection, use or disclosure as provided by that subsection.
80S(2) Severability—additional effect of Part
This Part has the effect it would have if its operation in relation to a collection, use or disclosure were expressly confined to a collection, use or disclosure by a corporation.
80S(3) Severability—additional effect of Part
Severability clause with additional effect on Part operation in relation to trade or commerce
Imposes a duty on the State to ensure compliance with Part operation in relation to trade or commerce
Specifies temporal intervals for Part operation in relation to trade or commerce
...in the course of, or in relation to, trade or commerce:
Indicates repeated application of Part operation in relation to trade or commerce
(c) within a Territory, between a State and a Territory or between 2 Territories.
Spreads Part operation in relation to trade or commerce across different regions and entities
Identifies the State as a legal entity with obligations under Part operation in relation to trade or commerce
80S(4) Severability—additional effect of Part
Severability clause with additional effect on Part
80S(5) Severability—additional effect of Part
Part has additional effect if operation is confined to a Territory
80S(6) Severability—additional effect of Part
Effect of Part on collection, use or disclosure
80S(7) Severability—additional effect of Part
Part has additional effect if operation is confined to a collection, use or disclosure by an agency.
80S(8) Severability—additional effect of Part
Part has an additional effect if its operation is confined to defence of the Commonwealth.
80S(9) Severability—additional effect of Part
Part has additional effect outside Australia
80S(10) Severability—additional effect of Part
Commonwealth's obligations under international agreements and international concerns
80S(11) Severability—additional effect of Part
Additional effect of Part on emergency of national significance
80T Compensation for acquisition of property—constitutional safety
privacy-legislation-amendment-emergencies-and-disasters-act-2006.pdf, p.15
80T(1) Compensation for acquisition of property—constitutional safety
Compensation for acquisition of property on just terms
Temporal overlap between operation and acquisition
(1) If the operation of this Part would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
Temporal trace between operation and acquisition
Implication of operation on Commonwealth's liability
80T(2) Compensation for acquisition of property—constitutional safety
Person may institute proceedings for recovery of compensation if Commonwealth and person do not agree on amount.
80T(3) Compensation for acquisition of property—constitutional safety
Defines terms for acquisition of property in relation to the Constitution.
Defines key terms for acquisition of property.
1 At the end of subsection 18(3)
Permits communication of information in emergency declaration under Privacy Act 1988
privacy-legislation-amendment-emergencies-and-disasters-act-2006.pdf, p.16