Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 80UB

Provisions subject to an infringement notice

  (1)   The following provisions are subject to an infringement notice under Part   5 of the Regulatory Powers Act:

  (a)   subsections   13K(1) and (2) (civil penalty provision for which infringement notices or compliance notices can be issued);

  (b)   subsection   66(1) (failure to give information);

  (c)   subsection   80UC(4) (failure to comply with a compliance notice).

Note:   Part   5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Amount to be stated in an infringement notice for listed companies--section   13K

  (1A)   Despite subsection   104(2) of the Regulatory Powers Act, if an infringement notice relates to only one alleged contravention of subsection   13K(1) or (2), or 80UC(4), by a listed corporation (within the meaning of the Corporations Act 2001 ), the amount to be stated in the notice for the purposes of paragraph   104(1)(f) of the Regulatory Powers Act is 200 penalty units.

  (1B)   Despite subsection   104(3) of the Regulatory Powers Act, if an infringement notice relates to more than one alleged contravention of subsection   13K(1) or (2), or 80UC(4), by a listed corporation (within the meaning of the Corporations Act 2001 ), the amount to be stated in the notice for the purposes of paragraph   104(1)(f) of the Regulatory Powers Act is the number of penalty units worked out by multiplying the number of alleged contraventions by 200.

Infringement officer

  (2)   For the purposes of Part   5 of the Regulatory Powers Act, each of the following is an infringement officer in relation to the provision mentioned in subsection   (1):

  (a)   the Commissioner;

  (b)   a member of the staff of the Commissioner who holds, or is acting in, an office or position that is equivalent to an SES employee.

Relevant chief executive

  (3)   For the purposes of Part   5 of the Regulatory Powers Act, the Commissioner is the relevant chief executive in relation to the provision mentioned in subsection   (1).

Extension to external Territories

  (4)   Part   5 of the Regulatory Powers Act, as that Part applies in relation to the provision mentioned in subsection   (1), extends to every external Territory.