Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 33E

Minister may give direction or approval for public inquiry

  (1)   The Minister may, in writing, direct the Commissioner to conduct, or approve the Commissioner conducting, a public inquiry into a specified matter or specified matters relating to privacy.

  (2)   The direction or approval must specify:

  (a)   the acts or practices in relation to which the inquiry is to be held; and

  (b)   the types of personal information in relation to which the inquiry is to be held.

  (3)   The direction or approval may also specify any one or more of the following:

  (a)   the date by which the inquiry is to be completed;

  (b)   any directions in relation to the manner in which the inquiry is to be conducted;

  (c)   one or more APP entities that are to be the subject of the inquiry;

  (d)   one or more classes of APP entities that are to be the subject of the inquiry;

  (e)   any matters to be taken into consideration in the inquiry.

  (4)   The Minister may vary a direction or approval.

Conduct of inquiry

  (5)   The Commissioner must conduct a public inquiry in accordance with a direction or approval given under subsection   (1).

  (6)   Subject to any directions given by the Minister in accordance with paragraph   (3)(b), the Commissioner may conduct the inquiry in such manner as the Commissioner thinks fit.

Status of inquiries, directions and approvals

  (7)   To avoid doubt, an inquiry does not constitute an investigation under section   40 nor a preliminary inquiry under section   42.

  (8)   A direction or approval given under subsection   (1) is not a legislative instrument.