On 26 October 2022 the Federal Government introduced the Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 (Cth) (Bill).
As detailed in a previous article published by Page Seager Lawyers on 17 November 2022 (click here), the Bill proposed to significantly increase maximum penalties under the Privacy Act 1998 (Cth) (Act), enhance the enforcement powers of the Office of the Australian Information Commissioner and broaden the extraterritorial application of the Act.
The Bill was passed by Parliament on 28 November 2022 and was given Royal Assent on 12 December 2022.
The amendments took effect the day after receiving Royal Assent, meaning that all businesses that are APP entities for the purposes of the Act are now subject to the increased penalties and enforcement measures.
What you need to do
Businesses are now at risk of significant financial penalties and reputational implications for breach of the Act. We recommend that businesses review their privacy practices, policies and procedures and seek legal advice to ensure compliance with the Act.
Foreign organisations that carry on a business in Australia and that may not have previously been subject to the Act, should also seek advice on what these changes mean for them.
We recommend that businesses remain vigilant and take note of any further changes that come as a result of the Government’s review of the Act which is due to be completed this year.
More information
If you have any queries or would like further information about this article, please contact:
Kathryn Speed
Principal
M: 0408 446 013
E: kspeed@pageseager.com.au
Luke Phillips
Lawyer
T: (03) 6235 5184
E: lphillips@pageseager.com.au
Published: 14 December 2022
