Trans-Tasman Mutual Recognition Act 1997

In this Schedule—

consent means express consent or implied consent.

individual means a natural person.

individual concerned, in relation to personal information or a record of personal information, means the individual to whom the information relates.

personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

record means—

a document; or

database (however kept); or

a photograph or other pictorial representation of a person;

but does not include—

a generally available publication; or

anything kept in a library, art gallery or museum for the purposes of reference, study or exhibition; or

letters or other articles in the course of transmission by post.

solicit, in relation to personal information, means request a person to provide that information, or a kind of information in which that information is included.

use, in relation to information, does not include mere disclosure of the information, but does include the inclusion of the information in a publication.

Part 2 Principles

Where—

a local registration authority collects personal information under this Act; and

the information is solicited by the authority from the individuals concerned;

the authority must ensure that the forms issued to individuals in connection with collecting the information specify—

the purpose for which the information is being collected; and

any person to whom, or any body or agency to which, it is the authority’s usual practice to disclose personal information of the kind so collected, and (if known by the authority) any person to whom, or any body or agency to which, it is the usual practice of that first‑mentioned person, body or agency to pass on that information.

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

A local registration authority who has possession or control of a record that contains personal information must ensure—

that the record is protected, by such security safeguards as it is reasonable in the circumstances to take, against loss, against unauthorised access, use, modification or disclosure, and against other misuse; and

that if it is necessary for the record to be given to a person in connection with the provision of a service to the local registration authority, everything reasonably within the power of the authority is done to prevent unauthorised use or disclosure of information contained in the record.

A local registration authority who has possession or control of a record that contains personal information that was obtained under this Act for a particular purpose must not use the information for any other purpose unless—

the individual concerned has consented to use of the information for that other purpose; or

of the information for that other purpose is required or authorised by or under law; or

use of the information for that other purpose is reasonably necessary for enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue.

Where personal information is used for enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue, the local registration authority must include in the record containing that information a note of that use.

A local registration authority who has possession or control of a record that contains personal information must not disclose the information to a person, body or agency (other than the individual concerned) unless—

the individual concerned is reasonably likely to have been aware, or made aware under the principle set out in clause 2, that information of that kind is usually passed to that person, body or agency; or

the individual concerned has consented to the disclosure; or

the disclosure is required or authorised by or under law; or

the disclosure is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue.

Where personal information is disclosed for the purposes of enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the purpose of the protection of the public revenue, the local registration authority must include in the record containing that information a note of the disclosure.

A person, body or agency to whom personal information is disclosed under subclause (1) must not use or disclose the information for a purpose other than the purpose for which the information was given to the person, body or agency.

Dictionary

(see s 2)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

• ACT

• Chief Minister

• Commonwealth

• the Territory.

Commonwealth Act—see section 4.

Firearms and other prohibited or offensive weapons

Weapons Act 1990

Fireworks

Explosives Act 1952 (to the extent that it deals with fireworks)

Gaming machines

Gaming Machine Act 1991

Indecent material

Classification of Films Act 1991

Classification of Publications Act 1991

Ozone protection

Environmental Protection (Interim) Regulation 1995 under the Environmental Protection Act 1994 (to the extent that it deals with ozone depleting substances)

The Chief Minister may, in writing, endorse a proposed Commonwealth regulation for the Commonwealth Act, section 44, 45, 47, 48 or 49.

An endorsement is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act 2001.

Firearms and other prohibited or offensive weapons

Firearms Act 1973

Fireworks

Explosives and Dangerous Goods Act 1961 (to the extent that it deals with fireworks)

Gaming machines

Gaming Commission Act 1987

Indecent material

Censorship of Films Act 1947

Indecent Publications and Articles Act 1902

Video Tapes Classification and Control Act 1987

Censorship Act 1996

Ozone protection

Environmental Protection Act 1986 (to the extent that it deals with ozone protection)

Firearms and other prohibited or offensive weapons

Firearms Act 1977

Firearms Regulations 1993

Summary Offences Act 1953, section 15 (to the extent that it deals with firearms)

Criminal Law Consolidation Act 1935, sections 32, 47A and 299A

Fireworks

Explosives Act 1936 (to the extent that it deals with fireworks)

Gaming machines

Gaming Machines Act 1992

Gaming Machines Regulations 1993

Indecent material

Classification (Publications, Films and Computer Games) Act 1995

Summary Offences Act 1953, sections 33 and 35

Ozone protection

Environment Protection Act 1993, Part 8, Division 3

Other

Environment Protection Act 1993, Part 8, Division 2 (dealing with beverage containers)

In this Schedule—

consent means express consent or implied consent.

individual means a natural person.

individual concerned, in relation to personal information or a record of personal information, means the individual to whom the information relates.

personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

record means—

a document; or

database (however kept); or

a photograph or other pictorial representation of a person;

but does not include—

a generally available publication; or

anything kept in a library, art gallery or museum for the purposes of reference, study or exhibition; or

letters or other articles in the course of transmission by post.

solicit, in relation to personal information, means request a person to provide that information, or a kind of information in which that information is included.

use, in relation to information, does not include mere disclosure of the information, but does include the inclusion of the information in a publication.

Part 2 Principles

Where—

a local registration authority collects personal information under this Act; and

the information is solicited by the authority from the individuals concerned;

the authority must ensure that the forms issued to individuals in connection with collecting the information specify—

the purpose for which the information is being collected; and

any person to whom, or any body or agency to which, it is the authority’s usual practice to disclose personal information of the kind so collected, and (if known by the authority) any person to whom, or any body or agency to which, it is the usual practice of that first‑mentioned person, body or agency to pass on that information.