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PRIVACY ACT 1988 - SECT 80KA

Matters covered by declarations

Matters that must be specified

  (1)   Without limiting section   80J or 80K, an emergency declaration must specify the following matters:

  (a)   the kind or kinds of personal information to which the declaration applies;

  (b)   the entity or class of entities that may collect, use or disclose the personal information;

  (c)   the entity or class of entities that the personal information may be disclosed to;

  (d)   one or more permitted purposes of the collection, use or disclosure.

Note:   See section   80P (authorisation of collection, use and disclosure of personal information).

Specified entities

  (2)   An entity or class of entities specified for the purposes of paragraph   (1)(c):

  (a)   may include a State or Territory authority; and

  (b)   must not be or include a media organisation, the Australian Broadcasting Corporation or the Special Broadcasting Service Corporation.

Specified permitted purposes

  (3)   A permitted purpose specified for the purposes of paragraph   (1)(d) must be a purpose that directly relates to the Commonwealth's response to an emergency or disaster in respect of which an emergency declaration is in force.

  (4)   Without limiting subsection   (3), any of the following may be specified as a permitted purpose in relation to an emergency or disaster:

  (a)   identifying individuals who:

  (i)   are or may be injured, missing or dead as a result of the emergency or disaster; or

  (ii)   are or may be at risk of injury, going missing or death as a result of the emergency or disaster; or

  (iii)   are or may be otherwise involved in or affected by the emergency or disaster; or

  (iv)   are or may be at risk of otherwise being involved in or affected by the emergency or disaster;

  (b)   assisting individuals involved in or affected by the emergency or disaster to obtain services such as repatriation services, medical or other treatment, health services and financial or other humanitarian assistance;

  (c)   assisting individuals who are or may be at risk of being involved in or affected by the emergency or disaster to obtain services such as repatriation services, medical or other treatment, health services and financial or other humanitarian assistance;

  (d)   assisting with law enforcement in relation to the emergency or disaster;

  (e)   coordination or management of the response to the emergency or disaster;

  (f)   ensuring that responsible persons for individuals who are, or may be, involved in the emergency or disaster are appropriately informed of matters that are relevant to:

  (i)   the involvement of those individuals in the emergency or disaster; or

  (ii)   the response to the emergency or disaster in relation to those individuals;

  (g)   ensuring that responsible persons for individuals who are or may be at risk of being involved in or affected by the emergency or disaster are appropriately informed of matters that are relevant to:

  (i)   the involvement of or effect on those individuals in the emergency or disaster; or

  (ii)   the response to the emergency or disaster in relation to those individuals.

  (5)   Without limiting subsection   33(3A) of the Acts Interpretation Act 1901 , or any other provision of this Act, an emergency declaration may provide differently for:

  (a)   different kinds of personal information; and

  (b)   different entities or classes of entities; and

  (c)   different permitted purposes.



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