Document ID: chunk:federal_register_of_legislation:C2024C00719:section:173
Version: federal_register_of_legislation:C2024C00719
Segment Type: section
Provision Reference: s 173
Character Range: 304020–305503

173  Search—interference with privacy

Scope
 (1) This section applies if:
 (a) a person obtains access to the register and searches the register for data (whether or not the access is obtained as a result of an application under section 170); and
 (b) as a result of the search, the person obtains personal information about an individual within the meaning of that Act.

Unauthorised search or use of personal information is an interference with privacy
 (2) If the search, or the use of the personal information, is unauthorised under subsection (3) or (4), the search or use constitutes an act or practice involving interference with the privacy of the individual for the purposes of section 13 of the Privacy Act 1988.
Note: These acts or practices may be the subject of complaints under section 36 of that Act.
 (3) The search is unauthorised if:
 (a) the search is not authorised under section 171; or
 (b) the search is prohibited under subsection 172(3); or
 (c) access to the data for a search of that kind is prohibited by regulations made for the purposes of paragraph 170(3)(d).
 (4) The use of the personal information is unauthorised (unless the data has been obtained lawfully from another source) if:
 (a) the search is not authorised under section 171; or
 (b) the use of the personal information is prohibited under subsection 172(3); or
 (c) access to the data for a search of that kind is prohibited by regulations made for the purposes of paragraph 170(3)(d).