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Part 1 · Preliminary

2. Definitions

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In these Regulations, unless the context otherwise requires —“applicant” —

(a)

in relation to a reconsideration application to the Commission to reconsider a contestable decision, means an organisation or a person (including any individual who is a complainant) aggrieved by that decision and making the reconsideration application; or

(b)

in relation to a review application, means the complainant mentioned in section 48H of the Act making the review application;“contestable decision” means any of the following directions or decisions made by the Commission:

(a)

any direction made under section 48G(2), 48I(1) or (2) or 48L(4) of the Act;

(b)

any direction or decision made under section 48H(2) of the Act;

(c)

the imposition of a financial penalty on an organisation or a person under section 48J(1) of the Act;“officer” —

(a)

in relation to a corporation, has the meaning given by section 52(7) of the Act;

(b)

in relation to an unincorporated association (other than a partnership), has the meaning given by section 52A(7) of the Act; or

(c)

in relation to a partnership, means a partner within the meaning given by section 52A(7) of the Act;“reconsideration application” means an application made under section 48N(1) or (2) of the Act to the Commission for the Commission to reconsider a contestable decision;“relevant matter” means —

(a)

a refusal to provide access to personal data or other information requested by a complainant under section 21 of the Act;

(b)

a failure to provide within a reasonable time access to personal data or other information requested by a complainant under section 21 of the Act;

(c)

a refusal to correct personal data in accordance with a request by a complainant under section 22 of the Act;

(d)

a failure to make within a reasonable time a correction of personal data in accordance with a request by a complainant under section 22 of the Act; or

(e)

a fee required from a complainant by an organisation in relation to a request by the complainant under section 21 or 22 of the Act;“relevant request” means a request under section 21 or 22 of the Act;“respondent” means —

(a)

in the case of a reconsideration application made by a complainant regarding a contestable decision made under section 48G(2) or 48H(2) of the Act — the organisation complained against by a complainant;

(b)

in the case of a reconsideration application made by an organisation complained against by a complainant regarding a contestable decision made under section 48G(2) or 48H(2) of the Act — the complainant;

(c)

in the case of a reconsideration application made by an individual aggrieved by a contestable decision made under section 48I(1) or (2) or 48J(1) of the Act — the organisation or person in respect of which the contestable decision was made;

(d)

in the case of a reconsideration application made by an organisation or a person aggrieved by a contestable decision made under section 48I(1) or (2) or 48J(1) of the Act — the complainant whose complaint against the organisation or person resulted in the contestable decision; or

(e)

in the case of a review application made by a complainant mentioned in section 48H of the Act — the organisation complained against by the complainant;“review application” means an application made under section 48H of the Act to the Commission for the Commission to conduct a review;“working day” means any day other than a Saturday, Sunday or public holiday.

“applicant” —

(a)

in relation to a reconsideration application to the Commission to reconsider a contestable decision, means an organisation or a person (including any individual who is a complainant) aggrieved by that decision and making the reconsideration application; or

(b)

in relation to a review application, means the complainant mentioned in section 48H of the Act making the review application;

“contestable decision” means any of the following directions or decisions made by the Commission:

(a)

any direction made under section 48G(2), 48I(1) or (2) or 48L(4) of the Act;

(b)

any direction or decision made under section 48H(2) of the Act;

(c)

the imposition of a financial penalty on an organisation or a person under section 48J(1) of the Act;

“officer” —

(a)

in relation to a corporation, has the meaning given by section 52(7) of the Act;

(b)

in relation to an unincorporated association (other than a partnership), has the meaning given by section 52A(7) of the Act; or

(c)

in relation to a partnership, means a partner within the meaning given by section 52A(7) of the Act;

“reconsideration application” means an application made under section 48N(1) or (2) of the Act to the Commission for the Commission to reconsider a contestable decision;

“relevant matter” means —

(a)

a refusal to provide access to personal data or other information requested by a complainant under section 21 of the Act;

(b)

a failure to provide within a reasonable time access to personal data or other information requested by a complainant under section 21 of the Act;

(c)

a refusal to correct personal data in accordance with a request by a complainant under section 22 of the Act;

(d)

a failure to make within a reasonable time a correction of personal data in accordance with a request by a complainant under section 22 of the Act; or

(e)

a fee required from a complainant by an organisation in relation to a request by the complainant under section 21 or 22 of the Act;

“relevant request” means a request under section 21 or 22 of the Act;

“respondent” means —

(a)

in the case of a reconsideration application made by a complainant regarding a contestable decision made under section 48G(2) or 48H(2) of the Act — the organisation complained against by a complainant;

(b)

in the case of a reconsideration application made by an organisation complained against by a complainant regarding a contestable decision made under section 48G(2) or 48H(2) of the Act — the complainant;

(c)

in the case of a reconsideration application made by an individual aggrieved by a contestable decision made under section 48I(1) or (2) or 48J(1) of the Act — the organisation or person in respect of which the contestable decision was made;

(d)

in the case of a reconsideration application made by an organisation or a person aggrieved by a contestable decision made under section 48I(1) or (2) or 48J(1) of the Act — the complainant whose complaint against the organisation or person resulted in the contestable decision; or

(e)

in the case of a review application made by a complainant mentioned in section 48H of the Act — the organisation complained against by the complainant;

“review application” means an application made under section 48H of the Act to the Commission for the Commission to conduct a review;

“working day” means any day other than a Saturday, Sunday or public holiday.

Report

Part 2

Review Applications

Part 2A

Financial Penalties

Part 3

Reconsideration Applications

Part 4

Directions and Decisions of Commission

Part 5

Exercise of Powers of Investigation

Part 6

Miscellaneous