Invasion of Privacy Regulation 1998

Queensland Invasion of Privacy Act 1971 INVASION OF PRIVACY REGULATION 1998 Reprinted as in force on 24 April 2002 (includes amendments up to SL No. 210 of 2001) This is the reprint current on the repeal date Reprint No. 1E This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This regulation is reprinted as at 24 April 2002. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland INVASION OF PRIVACY REGULATION 1998 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Licence application by corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Exemption—Act, s 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Chief executive may require information to be verified . . . . . . . . . . . . . . . . 3 6 Original or duplicate licence must be signed immediately after receipt . . . . 3 7 Return showing particulars of credit reporting agent’s employees . . . . . . . . 4 8 Lost, stolen or destroyed licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10 Date in each year after which credit reporting agent must examine and delete stale information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 6 FEES ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

s1 3 s6 Invasion of Privacy Regulation 1998 INVASION OF PRIVACY REGULATION 1998 [as amended by all amendments that commenced on or before 24 April 2002] 1 Short title This regulation may be cited as the Invasion of Privacy Regulation 1998 . 2 Definition In this regulation— “licence” includes a duplicate licence and a renewal, restoration or variation of a licence. 3 Licence application by corporation An application for a licence by a corporation must be made for the corporation by a director or secretary of the corporation. 4 Exemption—Act, s 8 For section 8(e) of the Act, financial institutions are exempted from the requirement to hold a credit reporting agent’s licence. 5 Chief executive may require information to be verified The chief executive may require information given in relation to an application for a licence to be verified in the way the chief executive reasonably requires. Example — A statutory declaration may be required. 6 Original or duplicate licence must be signed immediately after receipt (1) A licensee who is an individual and receives an original or duplicate licence must sign the licence immediately after it is received.

s7 4 s9 Invasion of Privacy Regulation 1998 (2) A licensee that is a corporation and receives an original or duplicate licence must ensure the licence is signed by a director or secretary of the corporation immediately after it is received. 7 Return showing particulars of credit reporting agent’s employees (1) The chief executive may, by written notice, require a credit reporting agent to give the chief executive a return showing stated particulars of each person employed by the agent in connection with the agent’s business as a credit reporting agent that the chief executive considers to be reasonably necessary for the purposes of the Act. (2) The licensee must comply with the notice within 21 days of receiving the notice. 8 Lost, stolen or destroyed licence (1) If a licence is lost, stolen or destroyed, the licensee may— (a) apply in writing to the chief executive for a duplicate licence; or (b) give the chief executive written notice that— (i) the licence has been lost, stolen or destroyed, as the case may be; and (ii) the licensee wishes to surrender the licence. 1 (2) An application or notice under subsection (1) must state the circumstances of the loss, stealing or destruction of the licence. (3) A licence stops being in force when the chief executive receives a notice mentioned in subsection (1)(b). 9 Fees (1) The fees payable under the Act are in the schedule. (2) For section 10(10) of the Act, the part of the fee that must be refunded is 20% of the fee paid. 1 See the Act, section 38 for the surrender of a licence by a licensee who is able to deliver the licence to the chief executive.

s 10 5 s 10 Invasion of Privacy Regulation 1998 10 Date in each year after which credit reporting agent must examine and delete stale information For section 24(1) of the Act, the date is 30 June.

6 Invasion of Privacy Regulation 1998 SCHEDULE FEES section 9 $ 1. Application for— (a) a licence, or renewal of a licence, under section 9 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447.00 (b) restoration of a licence under section 11 of the Act . . 447.00 (c) a duplicate licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47.90 2. Inspection of a register . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.20 3. Copy of, or extract from, an entry in a register . . . . . . . . . . 5.50 4. Extract from a register, certified by the chief executive . . . 17.50

7 Invasion of Privacy Regulation 1998 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 24 April 2002. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present Key prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR SL sub unnum Explanation = previous = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 1992 = subordinate legislation = substituted = unnumbered

8 Invasion of Privacy Regulation 1998 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. 1 1A 1B 1C 1D Amendments included none to SL No. 253 of 1998 to SL No. 202 of 1999 to SL No. 161 of 2000 to SL No. 210 of 2001 Reprint date 26 May 1998 16 October 1998 8 November 1999 21 July 2000 3 December 2001 5 List of legislation Invasion of Privacy Regulation 1998 SL No. 154 made by the Governor in Council on 18 May 1998 notfd gaz 22 May 1998 pp 509–14 commenced on date of notification rep 24 April 2002 (2002 No. 13 s 123(2)) amending legislation— Equity and Fair Trading (Fees and Charges) Amendment Regulation (No. 1) 1998 SL No. 253 s 3 sch notfd gaz 11 September 1998 pp 145–7 ss 1–2 commenced on date of assent remaining provisions commenced 5 October 1998 (see s 2) Invasion of Privacy Amendment Regulation (No. 1) 1999 SL No. 202 notfd gaz 27 August 1999 pp 2224–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 1999 (see s 2) Equity and Fair Trading Legislation Amendment Regulation (No. 1) 2000 SL No. 161 ss 1–2(1), 3 sch notfd gaz 30 June 2000 pp 736–48 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2(1)) Tourism, Racing and Fair Trading (Fees) Amendment Regulation (No. 1) 2001 SL No. 210 ss 1–3 sch notfd gaz 16 November 2001 pp 982–5 ss 1–2 commenced on date of notification remaining provisions commenced 3 December 2001 (see s 2)

9 Invasion of Privacy Regulation 1998 6 List of annotations Exemption—Act, s 8 s 4 sub 1999 SL No. 202 s 4 Repeal s 11 exp 23 May 1998 (see s 11(2)) SCHEDULE—FEES sub 1998 SL No. 253 s 3 sch; 2000 SL No. 161 s 3 sch; 2001 SL No. 210 s 3 sch © State of Queensland 2002