Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697632603462.pdf (Australia)
Page 71 Responses requiring no further comment Australian Jobs (Australian Industry Participation) Rule 2014 FRLI: F2014L00125 Portfolio: Industry Tabled: House of Representatives and Senate, 11 February 2014 PJCHR comments: Third Report of the 44th Parliament, tabled 4 March 2014 Response dated: 17 March 2014 Information sought by the committee This instrument prescribes matters 3.39 Industry Participation plans for the purposes of the Australian Jobs Act 2013 (the Act).
This includes information that a project proponent or facility operator must provide as part of their compliance report under the Act.

It also includes information that a project proponent must provide when notifying the Australian Industry Participation Authority of a preliminary trigger day for a major project.
to Australian relating 3.40 The committee sought clarification as to whether the information required for compliance reports or for notification purposes could include personal information about individuals and, if so, the justification for any limitations on the right to privacy.

3.41 The Minister's response is attached.

Committee's response 3.42 The committee thanks the Minister for his response.
The response states that 3.43 '[t]he Rule only applies to constitutional corporations, not individuals, and the information required is of a commercial nature rather than personal information'.

In light of the information provided, the committee makes no further 3.44 comment on this instrument.
THE HON IAN MACFARLANE MP MINISTER FOR INDUSTRY Senator Dean Smith Chair Parliamentary Joint Committee on Human Rights SI.Ill Parliament House CANBERRA ACT 2600 v~ Dear SeJ"ltor PO BOX 6022 PARLIAMENT HOUSE CANBERRA ACT 2600 C l4/1220 1 7 MAR 2014 Thank you for your letter of 4 March 2014 on behalf of the Parliamentary Joint Committee on Human Rights concerning the Australian Jobs (Australian Industry Participation) Rule 2014.
The C01mnittee sought clarification as to whether the legislative instrument is compatible with the right to privacy.

The Committee specifically identified sections 7, 8 and 10 of the Australian Jobs (Australian Industry participation) Rule.

The Rule only applies to constitutional corporations, not individuals, and the information required is of a commercial nature rather than personal infonnation.
A more detailed response, to assist the Committee's deliberation, on why information disclosure under the Rule does not include personal information about individuals is attached.

I trust this response will assist the Committee in determining the human rights compatibility of the Australian Jobs (Australian Industry Participation) Rule 2014.

Should you have any further questions, please do not hesitate to contact me again.
Yours sincerely Ian Macfarlane Phone: (02) 6277 7070 Fax : (02) 6273 3662 2 Right to Privacy The Committee has requested clarification on range of infonnation required to be disclosed under the Rule, and whether such disclosure may include personal infonnation about individuals.

The specific provisions mentioned by the Committee are sections 7, 8 and I 0 of the Rule.
Under the Australian Jobs Act 2013 (the Act) a project proponent is defined as a person who is responsible for canying out a project 1 • The Act only applies to 'designated projects' where one or more project proponents are constitutional corporations2, a similar limitation is applied to facility operators under section 117 of the Act.

The Act only applies to constitutional corporations, not individuals.
As outlined in the Act's Human Rights Compatibility Statement, infonnation that is provided or obtained under the Act will be of a commercial nature.

This principle is consistent within the Rule.

The range of infonnation being requested through the compliance reports and the notification obligations do not require personal infonnation about individuals to be provided.
In the event that personal infonnation is inadvertently collected or disclosed under the Rule or the Act, it will be subject to the safeguards under the Privacy Act 1988.

It should be noted that, under Infonnation Privacy Principle 11.3, a person, body or agency to which personal infonnation is disclosed shall not use or disclose the infonnation for a purpose other than the purpose for which the infonnation was given to the person, body or agency.
The Australian Industry Participation Authority, who collects the infonnation required by the Act and the Rule, is bound by the Privacy Act 1988 and will operate in accordance with the relevant principles when dealing with personal information.

1 Section 5, Australian Jobs Act 2013 2 Section 7, Ibid