12 Transitional regulations
(1) The Governor-General may make regulations in relation to transitional matters arising from the amendments made by this Schedule.
(2) The Governor-General may make regulations modifying the application of the Privacy Act 1988 in relation to transitional matters in connection with the transfer of any of the operations or records of the Australian Government Health Service to the nominated AGHS company.
(3) Subitems (1) and (2) do not limit each other.
(4) In this item:
modifications includes additions, omissions and substitutions.
Despite the amendment of section 96 of the Privacy Act 1988 by item 7 of this Schedule, that section continues to apply, in relation to persons who, at any time before this item commenced, were staff referred to in section 43 of the Human Rights and Equal Opportunity Commission Act 1986, as if the amendment had not been made.
Note: Section 96 of the Privacy Act 1988 is about non-disclosure of private information.
In this Part:
commencing time means the time when this Part commences.
29 Amendment of the Privacy Act 1988
Continuation of Act in relation to things done before the commencing time
(1) The Privacy Act 1988 as in force at and after the commencing time applies to things of the kind mentioned in section 8, 9, 10 or 11 of that Act in relation to members, staff members or special members of the Australian Federal Police that occurred before the commencing time in the same way as it does to such things that occur at or after the commencing time in relation to AFP employees or special members (both within the meaning of the Australian Federal Police Act 1979 as in force at and after the commencing time).
Obligations of confidence
(2) The amendment of the Privacy Act 1988 made by item 42 of Schedule 2 to this Act applies to obligations of confidence that arise under Part VIII of that Act at or after the commencing time in relation to:
(a) the Commissioner of the Australian Federal Police; or
(b) a Deputy Commissioner of the Australian Federal Police; or
(c) an AFP employee; or
(d) a special member of the Australian Federal Police;
(all within the meaning of the Australian Federal Police Act 1979 as in force at and after the commencing time).
34 Warrants or writs etc. may continue to be executed
If, immediately before the commencing time, any warrant, writ, order, permission or other instrument (the authority) issued under a law of the Commonwealth, a State or a Territory could be executed by a person who was at that time a member, staff member or special member of the Australian Federal Police, the authority continues to be able to be executed at and after the commencing time by the person in his or her capacity as:
(a) the Commissioner of the Australian Federal Police; or
(b) a Deputy Commissioner of the Australian Federal Police; or
(c) an AFP employee; or
(d) a special member of the Australian Federal Police;
(all within the meaning of the Australian Federal Police Act 1979 as in force at and after the commencing time).
Note: A person who is a member or staff member of the Australian Federal Police immediately before the commencing time is taken to be engaged as an AFP employee. Similarly, a person who is a special member of the Australian Federal Police immediately before the commencing time is taken to be appointed as a special member. See item 2 of this Schedule.
35 Regulations dealing with matters of a transitional or saving nature
(1) The Governor-General may make regulations, not inconsistent with any other provision of this Schedule, prescribing matters of a transitional or saving nature in relation to the amendments made by Schedule 1 or 2.
(2) Regulations made under this item within one year after the commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.
Under subsection 6A(2) or 6B(2) of the Privacy Act 1988 (as amended by this Schedule), a Commonwealth contract may prevent an act or practice from being a breach of a National Privacy Principle or an approved privacy code (as appropriate) regardless of whether the contract was made before or after the commencement of that subsection.
53 Application
An act or practice of an organisation may be an interference with the privacy of an individual under paragraph 13A(1)(c) of the Privacy Act 1988 whether the contract mentioned in that paragraph was made before or after the commencement of section 13A of that Act.
57 Application
The amendment of section 18A of the Privacy Act 1988 by this Schedule applies to the preparation of the Code of Conduct for issue after the commencement of the amendment.
76 Application
Subsection 36(8) of the Privacy Act 1988 as amended by this Schedule applies in relation to complaints made after the commencement of this Schedule.
100 Application
Enforcement of determinations
(1) Division 3 of Part V of the Privacy Act 1988 as amended by this Schedule applies to a determination made as a result of a complaint made after the commencement of this Schedule.
Evidentiary certificates
(2) Section 55B of the Privacy Act 1988 applies in relation to a determination made by the Commissioner in relation to an agency before or after the commencement of that section.
124 Application and saving
(1) The amendments of section 75 of the Privacy Act 1988 made by this Schedule apply in relation to applications that are made under section 73 of that Act after the commencement of this Schedule.
(2) Regulations (if any) in force for the purposes of subsection 75(3) of the Privacy Act 1988 immediately before the commencement of this Schedule have effect, after that commencement, as if they had been made for the purposes of that subsection after that commencement.
(3) Subitem (2) does not prevent the amendment or repeal of the regulations.
130 Application
Section 80A of the Privacy Act 1988 as amended by this Schedule applies in relation to an application made by or on behalf of an agency under section 73 of that Act, whether the application was made before or after the commencement of this Schedule.
Schedule 3
4 Application
The amendment of the Privacy Act 1988 made by this Schedule applies for the purposes of determining the operation of that Act in relation to an act or practice, regardless of whether the act or practice occurred before or after the commencement of this Schedule.