Commonwealth of Australia Explanatory Memoranda

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PRIVACY LEGISLATION AMENDMENT (EMERGENCIES AND DISASTERS) BILL 2006

                        2004-2005-2006




THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                           SENATE




        PRIVACY LEGISLATION AMENDMENT
      (EMERGENCIES AND DISASTERS) BILL 2006


     Amendments to be Moved on Behalf of the Government



   SUPPLEMENTARY EXPLANATORY MEMORANDUM




        (Circulated by authority of the Attorney-General,
              the Honourable Philip Ruddock MP)
PRIVACY LEGISLATION AMENDMENT
(EMERGENCIES AND DISASTERS) BILL 2006

OUTLINE

The Privacy Legislation Amendment (Emergencies and Disasters) Bill 2006 was
introduced into the Senate on 13 September 2006, and the Bill was referred to the
Senate Standing Committee on Legal and Constitutional Affairs for review and
report. The Committee published its report on 12 October 2006, and endorsed the
Bill subject to two recommendations that:

   ·   subclause 80H(1) be amended to limit `permitted purpose' to a purpose that
       `directly' relates to the Commonwealth's response to any emergency or
       disaster; and

   ·   a maximum period of 12 months should apply to a declaration of emergency
       under clause 80J and clause 80K of the Bill.

These recommendations are implemented through two minor Government
amendments to the Bill.

The definition of `permitted purpose' is amended to provide that a `permitted
purpose' is a purpose that `directly' relates to the Commonwealth's response to the
emergency or disaster in respect of which an emergency declaration is in force.

The clause specifying the period after which an `emergency declaration' will cease to
have effect is amended to provide that a declaration will cease to have effect no later
than the end of 12 months starting when the declaration is made, but may end earlier.

FINANCIAL IMPACT STATEMENT

The amendments have no financial impact.
                             NOTES ON AMENDMENTS

Amendment (1)

1. This amendment amends subclause 80H(1) of the Bill.

2. Clause 80H defines the meaning of a permitted purpose. This is relevant to
clause 80P.

3. The effect of this clause is to limit the types of situations in which the collection,
use and disclosure of personal information may be authorised under clause 80P.

4. A permitted purpose was defined in the Bill as introduced as a purpose that has
some temporal, physical or other connection to action taken by the Commonwealth in
response to an emergency or disaster in respect of which an emergency declaration
under the Bill is in force.

5. The amendment requires that for the purpose to be a permitted purpose, there must
be a direct relationship between the purpose and the Commonwealth's response to an
emergency or disaster.

Amendment (2)

6. This amendment replaces the existing clause 80N in the Bill.

7. The amended clause 80N ensures that an emergency declaration made under
clause 80J or clause 80K to trigger the operation of the new Part VIA can not operate
indefinitely.

8. Clause 80N provides that an emergency declaration expires at the earliest of:

   ·   a date specified in the declaration; or
   ·   the date on which the declaration is revoked; or
   ·   the end of 12 months after the declaration was made.

9. If no date is specified for the expiry of the emergency declaration and the
declaration has not been revoked, the declaration will automatically expire 12 months
after the declaration is made.




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