Document ID: chunk:federal_register_of_legislation:C2004A04689:section:1992:p3
Version: federal_register_of_legislation:C2004A04689
Segment Type: section
Provision Reference: s 1992 (pt 3/18)
Character Range: 5851–8745

following orders:

    (a) an order prohibiting action, or further action, to enforce the determination during a specified period ending no later than when proceedings on the review are completed or otherwise terminated;

    (b) an order staying, for such a period, action to enforce the determination that has already begun;

    (c) an order that failure to comply, during such a period, with specified positive requirements of the determination is not a contravention of the determination;

    (d) an order that a past failure to comply, during such a period, with such requirements is taken never to have been such a contravention.

  "(9) The Court may make an order under subsection (8):

  (a) on such conditions, if any, as it thinks fit; and

  (b) whether or not it also makes an order under subsection 104C(3).

"(10) The Federal Court may vary or revoke an order under subsection (8).

"(11) In this section:

'normal application and review period' means the period starting when the determination is registered and finishing:

    (a) if the respondent applies in accordance with subsection (6) for a review of the determination—when proceedings on the review are completed or otherwise terminated; or

    (b) in any other case—at the end of the 28th day after the day the determination is registered.".

(2) The amendment made by subsection (1) does not apply to a determination made before the commencement of this section.

Assistance in proceedings before the Federal Court

  5. Section 106 of the Principal Act is amended:

  (a) by omitting from subsection (1) "who has:" and substituting "who:";

     (b) by omitting paragraph (1)(a) and substituting the following paragraphs:

          "(aa) has applied or proposes to apply to the Federal Court for leave to apply under section 104B for review of a determination; or

          (a) has applied or proposes to apply to the Court under section 104B for review of a determination; or".

PART 3—AMENDMENTS OF THE PRIVACY ACT 1988

Principal Act

  6. In this Part, "Principal Act" means the Privacy Act 19882.

Interpretation

  7. Section 6 of the Principal Act is amended:

     (a) by omitting from subsection (1) the definition of "representative complaint" and substituting the following definition:

      " 'representative complaint' means a complaint where the persons on whose behalf the complaint was made include persons other than the complainant, but does not include a complaint that the Commissioner has determined should no longer be continued as a representative complaint;";

  (b) by inserting in subsection (1) the following definition:

     " 'class member', in relation to a representative complaint, means any of the persons on whose behalf the complaint was lodged, but does not include a person who has withdrawn under section 38B;".

Acts and practices of agencies etc.

8. Section 7 of the