Document ID: chunk:federal_register_of_legislation:F2021L00712:body:0:p6
Version: federal_register_of_legislation:F2021L00712
Segment Type: other
Provision Reference: 
Character Range: 14577–17545

on final completion of the action.
6)                   For the purposes of subsection (5), 'final completion of the action' means:
              1. where the Australian Federal Police has carriage of the matter and the source agency is satisfied with the progress of the matter – when all investigations, legal proceedings and repayment of debts due to the Commonwealth are finalised;
              2. where the Director of Public Prosecutions has carriage of the matter and the source agency is satisfied with the progress of the matter – when all legal proceedings and repayment of debts due to the Commonwealth are finalised;
              3. where a debt due to the Commonwealth remains outstanding and action is being taken to recover it – when the debt is fully recovered, waived or written off;
              4. where the tax agency has issued an assessment or an amended assessment – 90 days after the person's rights of appeal under the Income Tax Assessment Act 1936 have expired; and
              5. in all other situations – within 12 months from the date of commencement of action in accordance with section 10(1) of the Data-matching Act.
     1. No new registers, data sets or databases to be created
1)                   Subject to subsection (2), source agencies must not permit the information used in the program to be linked or merged in such a way that a new separate permanent register (or database) of information is created about any, or all of the individuals whose information has been subject to the program.
2)                   Subsection (1) does not prevent a source agency from maintaining a register of individuals in respect of whom further inquiries are warranted following a decision made under section 10 of the Data-matching Act.
3)                   If action is taken in relation to an individual in accordance with section 10 of the Data-matching Act, after completing the action the source agency must delete any information that relates to that action from any register described in subsection (2).
4)                   Subsection (1) does not prevent the creation of a register for the purpose of excluding individuals from being selected for investigation.
5)                   Any register made under subsection (4) must contain only the minimum amount of information required.

Part 5 – Compliance and reporting
19.              Information Commissioner to monitor compliance
1)                   The Information Commissioner is to be responsible for monitoring compliance with this instrument and for providing advice to the relevant matching agencies and source agencies in relation to their responsibilities under this instrument.
2)                   The Information Commissioner must include in their annual report an assessment of the extent of the program's compliance with the Data-matching Act, this instrument and the Privacy Act; and to that end, may exercise any of the powers as to investigation and audit