Document ID: chunk:federal_register_of_legislation:C2024C00749:section:110a:p2
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 110A (pt 2/3)
Character Range: 497018–499815

the Australian Privacy Principles; or
 (ii) is required to comply with a binding scheme that provides protection of personal information that meets the requirements of subsection (4A); or
 (iii) has agreed in writing to comply with a scheme providing such protection of personal information, in relation to personal information disclosed to it under Chapter 3 or 4, if the declaration is made; and
 (d) whether the authority or body proposes to adopt processes and practices that would ensure its compliance with the obligations of a criminal law‑enforcement agency under Chapter 3, and the obligations of an enforcement agency under Chapter 4; and
 (e) whether the Minister considers that the declaration would be in the public interest; and
 (f) any other matter that the Minister considers relevant.
 (4A) For the purposes of subparagraphs (4)(c)(ii) and (iii), the protection of personal information provided by the scheme must:
 (a) be comparable to the protection provided by the Australian Privacy Principles; and
 (b) include a mechanism for monitoring the authority's or body's compliance with the scheme; and
 (c) include a mechanism that enables an individual to seek recourse if his or her personal information is mishandled.
 (5) In considering whether to make the declaration, the Minister may consult such persons or bodies as the Minister thinks fit. In particular, the Minister may consult the Privacy Commissioner and the Ombudsman.
 (6) The declaration may be subject to conditions.
 (7) Without limiting subsection (6), a condition may provide that the authority or body is not to exercise:
 (a) a power conferred on a criminal law‑enforcement agency by or under a specified provision in Chapter 3; or
 (b) a power conferred on an enforcement agency by or under a specified provision in Chapter 4.
The authority or body is taken, for the purposes of this Act, not to be a criminal law‑enforcement agency for the purposes of that provision in Chapter 3, or an enforcement agency for the purposes of that provision in Chapter 4, as the case requires.
 (8) The Minister may, by legislative instrument, revoke a declaration under subsection (3) relating to an authority or body if the Minister is no longer satisfied that the circumstances justify the declaration remaining in force.
 (9) The revocation under subsection (8) of a declaration relating to an authority or body does not affect the validity of:
 (a) a domestic preservation notice given by the authority or body; or
 (b) a stored communications warrant issued to the authority or body; or
 (c) an authorisation made by an authorised officer of the authority or body under Division 4 of Part 4‑1;
that was in force immediately before the revocation took effect.
 (10) A declaration under subsection (3):
 (a) comes into