In our previous article, we reported on the Privacy and Other Legislation Amendment Bill 2024 (Cth) (“Bill”). The Bill passed both Houses of Parliament on 29 November 2024 and received Royal Assent on 10 December 2024.[1]
As foreshadowed, the Privacy and Other Legislation Amendment Act 2024 (Cth) introduces a range of measures targeting the protection of personal information and the privacy of individuals, including:
- Expanding the Commissioner’s powers to develop Australian Privacy Principles (APPs) and conduct public inquiries;[2]
- Establishing a Children’s Online Privacy Code;[3]
- Introducing civil penalties for conduct interfering with the privacy of individuals;[4]
- Increasing transparency regarding automated decisions;[5]
- Creating a new statutory tort for serious invasions of privacy;[6]
- Introducing criminal offences targeting the online exposure of personal data in a manner that would be menacing or harassing.[7]
While most provisions came into effect immediately, certain provisions, such as the statutory tort for serious invasions of privacy, will commence on a later date to be proclaimed or six months after Royal Assent. Provisions relating to automated decisions will take effect two years after Royal Assent.
The second reading speech in relation to the Privacy and Other Legislation Amendment Bill 2024 by the Attorney-General in September 2024 stated that its Department aims to develop the next tranche of reforms, including targeted consultations and draft legislation, in the coming months. [8]
Should you wish to discuss any aspect of the above, please contact Felicity Cara-Carson of our team.
[1] Parliament of Australia, Privacy and Other Legislation Amendment Bill 2024 (Cth) <https://www.aph.gov.au/Parliamentary_Business/Bills_LEGislation/Bills_Search_Results/Result?bId=r7249>.
[2] Privacy and Other Legislation Amendment Act 2024 (Cth) sch 1 pt 2 (‘APP codes’), pt 10 (‘Commissioner to conduct public inquiries’).
[3] Ibid sch 1 pt 4 (‘Children’s privacy’).
[4] Ibid sch 1 pt 8 (‘Penalties for interference with privacy’).
[5] Ibid sch 1 pt 15 (‘Automated decisions and privacy policies’).
[6] Ibid sch 2 (‘Serious invasions of privacy’).
[7] Ibid sch 3 (‘Doxxing offences’).
[8] Attorney-General’s Department, Second Reading Speech – Privacy and Other Legislation Amendment Bill 2024 (9 December 2024) <https://ministers.ag.gov.au/media-centre/speeches/second-reading-speech-privacy-and-other-legislation-amendment-bill-2024-12-09-2024>.
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