Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p19
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 19/27)
Character Range: 45994–48843

the Principal Act is amended by inserting after subsection (9) the following subsection:

"(9a) In the application of subsection (9) in relation to matters that are not the subject of litigation, that subsection does not prevent the

Secretary to the Attorney-General's Department, or a person authorised under subsection (4), from acting for 2 or more parties in the same matter.".

PART 14—AMENDMENTS OF THE PRIVACY ACT 1988

Principal Act

40. In this Part, "Principal Act" means the Privacy Act 198813.

Interpretation

41. Section 6 of the Principal Act is amended by inserting in subsection

(1) the following definition:

      " 'staff of the Ombudsman' means the persons appointed or employed for the purposes of section 31 of the Ombudsman Act 1976;".

Complaints

42. Section 36 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:

  "(4) It is the duty of:

    (a) members of the staff of the Human Rights and Equal Opportunity Commission; and

    (b) members of the staff of the Ombudsman who have had powers of the Commissioner delegated to them under section 99;

to provide appropriate assistance to a person who wishes to make a complaint and requires assistance to formulate the complaint.".

Delegation

43. Section 99 of the Principal Act is amended:

    (a) by inserting "either" after "delegate to";

    (b) by inserting "or a member of the staff of the Ombudsman" after "Commission".

PART 15—AMENDMENTS OF THE STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901

Principal Act

44. In this Part, "Principal Act" means the State and Territorial Laws and Records Recognition Act 190114.

Interpretation

45. Section 2 of the Principal Act is amended by adding at the end the following definition:

" 'Minister of the Crown' means:

        (a) in the case of the Australian Capital Territory—the holder of an office within the meaning of subsection 39 (1) of the Australian Capital Territory (Self-Government) Act 1988;

        (b) in the case of the Northern Territory—the holder of an office within the meaning of section 34 of the Northern Territory (Self-Government) Act 1978; or

        (c) in the case of Norfolk Island—the holder of an office within the meaning of section 12 of the Norfolk Island Act 1979.".

Proof of proclamations, commissions, orders and regulations

46. Section 6 of the Principal Act is amended:

    (a) by omitting from subsection (1) "or order issued by the Governor- General, or by a Minister or authority" and substituting ", order or regulation issued by the Governor-General, by a Minister, the Administrator or Executive of a Territory, by or under the authority of a Minister of the Crown for a Territory or by an authority";

    (b) by inserting after paragraph (1) (d) the following paragraphs:

          "(da) by the