(a) if so directed by the Minister; or
(b) if the Commissioner:
(i) thinks that the act or practice is an interference with the privacy of an individual; and
(ii) has not considered it appropriate to endeavour to effect a settlement of the matters that gave rise to the investigation or has endeavoured without success to effect such a settlement.
(2) Where the Commissioner reports under subsection (1) about an act done in accordance with a practice, the Commissioner shall also report to the Minister about the practice.
(3) Where, after an investigation under paragraph 27(1)(a), 28(1)(b) or (c) or 28A(1)(b) of an act or practice of an agency, file number recipient, credit reporting agency or credit provider, the Commissioner is required by virtue of paragraph (1)(b) of this section to report to the Minister about the act or practice, the Commissioner:
(a) shall set out in the report his or her findings and the reasons for those findings;
(b) may include in the report any recommendations by the Commissioner for preventing a repetition of the act or a continuation of the practice;
(c) may include in the report any recommendation by the Commissioner for either or both of the following:
(i) the payment of compensation in respect of a person who has suffered loss or damage as a result of the act or practice;
(ii) the taking of other action to remedy or reduce loss or damage suffered by a person as a result of the act or practice;
(d) shall serve a copy of the report on the agency, file number recipient, credit reporting agency or credit provider concerned and the Minister (if any) responsible for the agency, recipient, credit reporting agency or credit provider; and
(e) may serve a copy of the report on any person affected by the act or practice.
(4) Where, at the end of 60 days after a copy of a report about an act or practice of an agency, file number recipient, credit reporting agency or credit provider was served under subsection (3), the Commissioner:
(a) still thinks that the act or practice is an interference with the privacy of an individual; and
(b) is not satisfied that reasonable steps have been taken to prevent a repetition of the act or a continuation of the practice;
the Commissioner shall give to the Minister a further report that:
(c) incorporates the first-mentioned report and any document that the Commissioner has received, in response to the first-mentioned report, from the agency, file number recipient, credit reporting agency or credit provider;
(d) states whether, to the knowledge of the Commissioner, any action has been taken as a result of the findings, and recommendations (if any), set out in the first-mentioned report and, if so, the nature of that action; and
(e) states why the Commissioner is not satisfied that reasonable steps have been taken to prevent a repetition of the act or a continuation of the practice;
and shall serve a copy of the report on the Minister (if any) responsible for the agency, recipient, credit reporting agency or credit provider.
(5) The Minister shall cause a copy of a report given to the Minister under subsection (4) to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by the Minister.
(6) This section does not apply to:
(a) a complaint made under section 36 in relation to an act or practice of an organisation; or
(b) a complaint the Commissioner accepts under subsection 40(1B).
(2) If the Commissioner thinks that the proposed enactment would require or authorise acts or practices of an agency or organisation that would be interferences with the privacy of individuals, the Commissioner shall:
(a) report to the Minister about the proposed enactment; and
(b) include in the report any recommendations he or she wishes to make for amendment of the proposed enactment to ensure that it would not require or authorise such acts or practices.
(3) Otherwise, the Commissioner may report to the Minister about the proposed enactment, and shall do so if so directed by the Minister.
(4) Where the Privacy Commissioner is of the belief that it is in the public interest that the proposed enactment should be the subject of a further report, the Commissioner may give to the Minister a further report setting out the Commissioner's reasons for so doing.
(5) The Minister shall cause a copy of a report given under subsection (4) to be laid before each House of the Parliament as soon as practicable, and no later than 15 sitting days of that House, after the report is received by the Minister.
(2) Where the Privacy Commissioner is of the belief that it is in the public interest that the activity should be the subject of a further report, the Commissioner may give to the Minister a further report setting out the Commissioner's reasons for so doing.
(3) The Minister shall cause a copy of a report given under subsection (2) to be laid before each House of the Parliament as soon as practicable, and no later than 15 sitting days of that House, after the report is received by the Minister.
(2) In deciding under subsection (1) whether or not to exclude matter from a report, the Commissioner shall have regard to the need to prevent:
(a) prejudice to the security, defence or international relations of Australia;
(b) prejudice to relations between the Commonwealth Government and the Government of a State or between the Government of a State and the Government of another State;
(c) the disclosure of deliberations or decisions of the Cabinet, or of a Committee of the Cabinet, of the Commonwealth or of a State;
(d) the disclosure of deliberations or advice of the Federal Executive Council or the Executive Council of a State;
(da) the disclosure of the deliberations or decisions of the Australian Capital Territory Executive or of a committee of that Executive;
(e) the disclosure, or the ascertaining by a person, of the existence or identity of a confidential source of information in relation to the enforcement of the criminal law;
(f) the endangering of the life or safety of any person;
(g) prejudice to the proper enforcement of the law or the protection of public safety;
(h) the disclosure of information the disclosure of which is prohibited, absolutely or subject to qualifications, by or under another enactment;
(j) the unreasonable disclosure of the personal affairs of any person; and
(k) the unreasonable disclosure of confidential commercial information.
(3) The Commissioner shall try to achieve an appropriate balance between meeting the need referred to in subsection (2) and the desirability of ensuring that interested persons are sufficiently informed of the results of the Commissioner's investigation, examination or monitoring.
(4) Where the Commissioner excludes a matter from a report, he or she shall give to the Minister a report setting out the excluded matter and his or her reasons for excluding the matter.