1: Title
This Act is the Identity Information Confirmation Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Overview
1: This section is a guide to the general scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of the Act.
2: Part 1
3: Part 2
a: provisions that govern the use of the confirmation service:
b: provisions relating to confirmation agreements:
c: provisions relating to information and reporting requirements:
d: the protection of the Crown from liability:
e: the relationship between this Act and other enactments:
f: consequential amendments to other enactments.
4: The Schedule
4: Purpose
The purpose of this Act is to facilitate the use of an electronic service that allows agencies to confirm identity information about individuals so as to—
a: contribute to the prevention of crime (particularly identity-related crimes); and
b: ensure that agencies can use and, if necessary, record confirmed identity information.
5: Interpretation
In this Act, unless the context otherwise requires,— action
a: includes failure to act; and
b: also includes any policy or practice adverse action agency
a: means a person or body of persons (whether corporate or unincorporate and whether in the public sector or private sector); but
b: does not include an intermediary applicable database
a: the Births, Deaths, Marriages, and Relationships Registration Act 2021
b: the Citizenship Act 1977
c: the Passports Act 1992 chief executive confirmation service department Citizenship Act 1977 Passports Act 1992 identity information
a: means any or all of the following information that the individual provides to an agency for the purpose of establishing the individual's identity with the agency:
i: the individual's full name:
ii: the individual's gender:
iii: the individual's date of birth:
iv: the individual's place of birth; and
b: includes any other recorded information relating to the individual (for example, a document or part of a document relating to the individual such as a passport or the passport's number, or the photograph in the passport) that the individual provides to an agency for the purpose of establishing the individual's identity with the agency; and
c: also includes any information about the status of any other recorded information referred to in paragraph (b) (for example, the status of the individual's passport or citizenship record) identity information check section 7 intermediary
a: is a party to a confirmation agreement with the responsible officials; and
b: submits, on behalf of an agency, an individual's identity information for an identity information check in accordance with a separate agreement between the intermediary and the agency (whether or not for reward or in conjunction with any other business or activity) Privacy Commissioner section 13 recorded information Registrar-General section 4 responsible officials
a: the Registrar-General:
b: the chief executive. Section 5 applicable-database amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 5 Privacy Commissioner amended 1 December 2020 section 217 Privacy Act 2020 Section 5 Registrar-General amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021
6: Act binds the Crown
This Act binds the Crown.
2: Provisions relating to confirmation service and miscellaneous matters
1: Use of confirmation service
7: Purpose of confirmation service
The purpose of the confirmation service is to allow an agency or intermediary to check whether an individual's identity information is consistent with any recorded information.
8: Conditions for using confirmation service
1: An agency or intermediary may use the confirmation service for an identity information check if—
a: the individual has consented (in written or electronic form) to the check before it is carried out; and
b: the agency or intermediary has given the confirmation service an assurance (in written or electronic form) that the individual has consented to the check; and
c: the agency or intermediary is a party to a confirmation agreement that complies with section 11
d: in the case of an intermediary, the identity information check is on behalf of an agency that has been approved by the responsible officials under section 13(a)
e: the check is carried out in accordance with the agreement; and
f: the agency or intermediary has made an arrangement to pay or has paid any fees and charges payable under the agreement.
2: For the purposes of subsection (1)(a), an individual may consent to an identity information check on—
a: a one-off basis (that is, for each identity information check); or
b: an ongoing basis (that is, for a series of identity information checks, whether repeated or otherwise).
3: An individual who consents to an identity information check may withdraw the consent before—
a: the check is carried out, in the case of a consent given on a one-off basis; or
b: all of the checks, or any further checks, are carried out, in the case of a consent given on an ongoing basis.
9: How to use confirmation service
1: If the conditions specified in section 8
2: On receiving the individual's identity information, the confirmation service must carry out a search of any or all of the applicable databases (as the case may be) for any recorded information about the individual.
3: If it is impracticable for the confirmation service to comply with subsection (2) for any reason, the confirmation service must advise the agency or intermediary that the identity information check cannot be processed and may ask the agency or intermediary to resubmit the individual's identity information.
4: The confirmation service must not, at any stage, supply to the agency or intermediary any recorded information about the individual who is the subject of the search.
5: However, subsection (4) does not limit or prevent the disclosure of—
a: information, under section 117
b: any information about the status of any other recorded information in relation to the individual (for example, whether a passport has been cancelled).
6: After carrying out the search referred to in subsection (2), the confirmation service must supply to the agency or intermediary information about the search result and, in particular, whether any or all of the individual's identity information submitted to the service is consistent with any recorded information.
7: Without limiting subsection (6), the information that may be supplied under that subsection generally includes, subject to subsection (4), one of the following search results: The following table is small in size and has 2 columns. Column 1 is headed Result and column 2 is headed Description. Result Description Consistent Identity information is consistent with recorded information. Not consistent Identity information is not consistent with recorded information. Exception One or more of the circumstances described in subsection (5) apply (for example, the identity information may relate to an individual who is dead), including information about which of those circumstances apply.
8: For the purposes of subsections (6) and (7), identity information may be treated as consistent with recorded information despite any variation between them because of pronunciation or punctuation. Example
The name Michele Michèle e The name Steel-Baker Steel Baker Section 9(5)(a) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021
2: Confirmation agreements
10: Parties to confirmation agreement
1: The responsible officials may enter into a confirmation agreement with an agency or intermediary if satisfied that it is appropriate to do so after having regard to the following:
a: the nature of the agency's or intermediary's undertaking or activity and whether the agency or intermediary has a genuine need to use the confirmation service in carrying out that undertaking or activity:
b: the agency's or intermediary's policies and practices in relation to—
i: the security of information; and
ii: the privacy of individuals:
c: any other matter that the responsible officials consider to be relevant.
2: For the purposes of subsection (1), a confirmation agreement must be entered into by—
a: the Registrar-General, if the agreement relates to identity information checks against any recorded information under the Births, Deaths, Marriages, and Relationships Registration Act 2021
b: the chief executive, if the agreement relates to identity information checks against any recorded information under either or both of the Citizenship Act 1977 Passports Act 1992
3: To avoid doubt, the responsible officials—
a: have the sole discretion to decide whether to enter into a confirmation agreement with an agency or intermediary; and
b: may decide not to do so if either or both of them, as the case may be, are not satisfied in accordance with subsection (1). Section 10(2)(a) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021
11: General requirements for form and content of confirmation agreement
1: A confirmation agreement must be in writing.
2: A confirmation agreement must—
a: state the purpose of the agreement; and
b: specify which of the applicable databases it applies to.
3: A confirmation agreement must also specify the following terms or conditions:
a: how an agency or intermediary may use the confirmation service; and
b: the conditions for using the confirmation service, including the conditions specified in section 8
c: the fees and charges payable for using the confirmation service and how those fees and charges are to be paid; and
d: the grounds on which the agreement may be terminated, including the grounds that—
i: the responsible officials are satisfied, having regard to the matters in section 10(1)
ii: the agency or intermediary has breached, or is likely to breach, the agreement; and
e: the process that must be followed by the responsible officials before exercising any right to terminate the agreement; and
f: the process for monitoring the agency's or intermediary's compliance with the terms or conditions of the agreement, including the requirement for the agency or intermediary to keep, for monitoring purposes, records in respect of identity information checks and the requirement to provide those records to the responsible officials when requested; and
g: the requirement that the responsible officials consult the Privacy Commissioner about the terms or conditions of confirmation agreements, including the consultation requirements in sections 14 15
4: A confirmation agreement may specify any other terms or conditions that the responsible officials consider to be appropriate.
5: A confirmation agreement may specify different terms or conditions from those contained in another confirmation agreement even though the agencies or intermediaries concerned belong—
a: in the same class; or
b: in different classes.
6: A confirmation agreement may be varied by further agreement between the parties.
7: This section does not prevent an intermediary from entering into a confirmation agreement as an agency that submits an individual's identity information for an identity information check for its own purposes, rather than on behalf of another agency.
8: To avoid doubt, if an intermediary wishes to submit an individual's identity information for an identity information check for its own purposes, the intermediary must enter into a confirmation agreement as an agency, rather than in its capacity as an intermediary.
12: Content of confirmation agreement with agency
In addition to the requirements in section 11
a: how the agency must obtain an individual's consent for an identity information check, including the requirement to use a form (if any) approved for the purpose by the responsible officials; and
b: how an individual may withdraw his or her consent for an identity information check; and
c: the circumstances in which an individual's consent for an identity information check that is given on an ongoing basis must be treated as having expired (for example, if the individual ceases to be a customer of the agency or if a certain period of time has elapsed since the date on which the consent was given); and
d: an alternative process for dealing with an individual whose identity information cannot be confirmed using the confirmation service because, for example, there is no recorded information about the individual or the individual has not given his or her consent to an identity information check; and
e: the procedures that an agency must follow before taking adverse action against an individual as a result of using the confirmation service, including the requirement to give the individual a reasonable opportunity to make submissions or to be heard.
13: Content of confirmation agreement with intermediary
In addition to the requirements in section 11
a: the requirement that the responsible officials must, having regard to the matters in section 10(1)
b: the requirement that the intermediary must—
i: list every agency that has been approved under paragraph (a) in its confirmation agreement; and
ii: remove an agency from that list if the agency's approval under that paragraph is withdrawn by the responsible officials because the grounds in section 11(3)(d)
c: the requirement that the intermediary must not submit an individual's identity information for an identity information check—
i: on behalf of an agency that has not been approved by the responsible officials under paragraph (a) or an agency whose approval under that paragraph has been withdrawn by the responsible officials; and
ii: if the intermediary has not entered with that agency into a separate agreement that complies with paragraph (d); and
iii: if that separate agreement is not in force (that is, if it has expired or has been revoked); and
d: the requirement that the intermediary and the agency must enter into a separate agreement that must—
i: be in writing; and
ii: include, subject to any necessary modifications, the terms or conditions set out in sections 11(3)(b) 12
e: the condition that the intermediary must provide a copy of the separate agreement between the intermediary and an agency to the responsible officials when requested to do so (but subject to the right of the intermediary to withhold any commercially sensitive information); and
f: the condition that the intermediary must not retain, use, or store for its own purposes any information derived from an identity information check that was obtained on behalf of an agency.
14: Standard terms or conditions for confirmation agreement
1: The responsible officials may develop standard terms or conditions for a confirmation agreement that apply, or are proposed to apply, to particular agencies or intermediaries or classes of agencies or intermediaries, but must consult the Privacy Commissioner while doing so.
2: If the responsible officials are proposing to enter into a confirmation agreement that will contain terms or conditions that are materially different from the standard terms or conditions developed under subsection (1), the responsible officials may develop alternative terms or conditions for the proposed agreement, but must consult the Privacy Commissioner about those terms or conditions before entering into the agreement.
3: If the responsible officials are proposing to vary a confirmation agreement by amending any terms or conditions developed under subsection (1) or (2) that are contained in the agreement, the responsible officials must consult the Privacy Commissioner about the proposed amendments to those terms or conditions before varying the agreement.
4: However, the requirement to consult the Privacy Commissioner under subsection (3) does not apply if the variation relates to—
a: the fees and charges payable under the agreement; or
b: terms or conditions that are minor or incidental in nature; or
c: any changes to a confirmation agreement that relate to additions to, or deletions or substitutions from, the list of agencies approved under section 13(a)
15: Other requirements to consult Privacy Commissioner
1: If section 14(1) or (2)
2: The responsible officials must also consult the Privacy Commissioner if either or both of the responsible officials, as the case may be, are proposing to enter into a confirmation agreement that will allow a comparison of a photograph submitted by an individual for the purposes of an application under the Citizenship Act 1977 Passports Act 1992
16: Periodic review of terms or conditions of confirmation agreements generally
1: The Privacy Commissioner may, at intervals not shorter than 12 months, require the responsible officials to—
a: review the terms or conditions of any confirmation agreement (whether or not they are standard terms or conditions developed under section 14
b: report on the outcome of the review to the Privacy Commissioner.
2: If, after a review under subsection (1), the Privacy Commissioner and the responsible officials agree that amendments to the terms or conditions of a confirmation agreement are required, the responsible officials must vary the confirmation agreement to include the amendments to the terms or conditions.
3: To avoid doubt, a variation to a confirmation agreement under subsection (2) applies only if the agency or intermediary that is party to the agreement agrees to it.
17: Fees and charges payable under confirmation agreement
1: A confirmation agreement may require the agency or intermediary that is party to the agreement to pay fees and charges to the responsible officials for using the confirmation service.
2: The fees and charges—
a: must be set at a level that is no more than is necessary to cover the cost of providing the confirmation service; and
b: may be set using different methods for different agencies or different classes of agencies.
3: Information and reporting requirements
18: List of agencies and intermediaries
The responsible officials must—
a: maintain a list of—
i: agencies and intermediaries that are party to a confirmation agreement; and
ii: agencies that have been approved under section 13(a)
b: publish that list on an Internet site that is under the responsible officials' control in an electronic form that is publicly accessible (at all reasonable times) and is free of charge.
19: Privacy Commissioner may require periodic reports on operation of confirmation service
The Privacy Commissioner may, at intervals not shorter than 12 months, require the responsible officials to provide the Privacy Commissioner with a report on the operation of the confirmation service.
4: Miscellaneous
Protection from liability
20: Protection from liability
1: There is no cause of action against the Crown, or a Minister of the Crown, or the responsible officials, or a delegate of the responsible officials, or an employee or a contractor of the department, to recover damages for any loss or damage that is due directly or indirectly to the use of the confirmation service for an identity information check.
2: Subsection (1) applies whether the loss or damage is caused by any person taking any action or failing to take any action, so long as the act or omission occurred in the exercise or performance of his or her functions, duties, or powers under any of the following:
a: this Act:
b: the Births, Deaths, Marriages, and Relationships Registration Act 2021
c: the Citizenship Act 1977
d: the Passports Act 1992
3: A person is not exempted from liability under subsection (1) for any act or omission to act that constitutes bad faith or gross negligence on the part of that person. Section 20(2)(b) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Relationship with other enactments
21: Relationship between this Act and other enactments
1: If there is any inconsistency between this Act and any of the following Acts, or any regulations made under the following Acts, this Act prevails:
a: the Births, Deaths, Marriages, and Relationships Registration Act 2021
b: the Citizenship Act 1977
c: the Passports Act 1992
d: the Privacy Act 2020
2: However, despite subsection (1), this Act must be read subject to sections 106 107 110
3: The following provisions of the Births, Deaths, Marriages, and Relationships Registration Act 2021
a: clause 12
b: section 108(2) to (4) Section 21(1)(a) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 21(1)(d) replaced 1 December 2020 section 217 Privacy Act 2020 Section 21(2) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 21(3) replaced 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Consequential amendments to other enactments
22: Consequential amendments to other enactments
The amendments specified in the Schedule 2012-12-19 Births, Deaths, Marriages, and Relationships Registration Act 1995 Citizenship Act 1977 Passports Act 1992


Privacy Amendment Act 2013

1: Title
This Act is the Privacy Amendment Act 2013.
2: Commencement
1: Section 11 Schedule
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent. Section 2(1) brought into force 3 October 2013 Privacy Amendment Act 2013 Commencement Order 2013
3: Principal Act amended
This Act Privacy Act 1993 2013-02-27 Privacy Act 1993 SR 2013/341 2013-10-03 Privacy Act 1993 section 11 (which inserts Schedule 2A); brought into force on 3 October 2013 by SR 2013/341/2.
4: Interpretation
1: The definition of personal information section 2(1) (as defined by the Births, Deaths, Marriages, and Relationships Registration Act 1995)
2: Section 2(1) serious threat
a: the likelihood of the threat being realised; and
b: the severity of the consequences if the threat is realised; and
c: the time at which the threat may be realised
5: Information privacy principles
1: Information privacy principle 10(d) in section 6 serious and imminent threat serious threat (as defined in section 2(1))
2: Information privacy principle 11(f) in section 6 serious and imminent threat serious threat (as defined in section 2(1))
6: Functions of Commissioner
Section 13
1AA: Without limiting subsection (1), the functions of the Commissioner in relation to information sharing under Part 9A
a: to make submissions on an information sharing agreement for which approval by Order in Council under section 96J
b: to report to a relevant Minister, under section 96P(1)
c: to publish a copy of a report referred to in paragraph (b) section 96P(3)
d: to receive and investigate complaints about any alleged interference with privacy under an approved information sharing agreement in accordance with Part 8:
e: if appropriate under the circumstances, to exempt an agency, under section 96R section 96Q
f: to conduct a review under section 96W
g: to report to a relevant Minister under section 96X section 96W
h: to require a public sector agency to report, in accordance with section 96S
1AB: In subsection (1AA) adverse action approved information sharing agreement information sharing agreement lead agency relevant Minister section 96C
7: Interference with privacy
Section 66(1)(a)
iia: the action breaches an information privacy principle or a code of practice as modified by an Order in Council made under section 96J
iib: the provisions of an information sharing agreement approved by an Order in Council made under section 96J
8: New Part 9A inserted
The following Part is inserted after Part 9
9A: Information sharing
1: Preliminary matters
96A: Purpose of Part
1: The purpose of this Part is to enable the sharing of personal information to facilitate the provision of public services.
2: To achieve that purpose, this Part—
a: provides a mechanism for the approval of information sharing agreements for the sharing of information between or within agencies; and
b: authorises exemptions from or modifications to—
i: any of the information privacy principles (except principles 6 and 7, which relate respectively to the right to have access to, and correct, personal information):
ii: any code of practice (except any code of practice that modifies principles 6 and 7); and
c: reduces any uncertainty about whether personal information can be lawfully shared for the provision of the public services, and in the circumstances, described in approved information sharing agreements.
96B: Relationship between this Part and other law relating to information sharing
1: To avoid doubt, nothing in this Part—
a: limits the collection, use, or disclosure of personal information that is authorised or required by or under any enactment; and
b: compels agencies to enter into an information sharing agreement if those agencies are already allowed to share personal information—
i: by or under any other enactment:
ii: in circumstances where an exemption from or a modification to any 1 or more of the information privacy principles or any code of practice is not required to make the sharing of the information lawful.
2: Without limiting subsection (1)(a)
a: this Part does not limit section 7, 54 or 57; and
b: this Part and Parts 10 and 11 do not limit one another.
3: An information sharing agreement may—
a: duplicate an information sharing provision by providing for an agency to share the same personal information as specified in the information sharing provision—
i: with the same agencies specified in the information sharing provision; and
ii: for the same purposes specified in the information sharing provision; or
b: extend an information sharing provision that is not a restricted information sharing provision by providing for an agency to share the same personal information as specified in the information sharing provision—
i: with the same agencies specified in the information sharing provision for a purpose not specified in the information sharing provision; or
ii: with an agency not specified in the information sharing provision for a purpose specified in the information sharing provision; or
iii: with an agency not specified in the information sharing provision and for a purpose not specified in the information sharing provision; or
c: duplicate a restricted information sharing provision by providing for an agency to share the same personal information as specified in the restricted information sharing provision—
i: with the same agencies specified in the restricted information sharing provision; and
ii: for the same purposes specified in the restricted information sharing provision; or
d: extend in any manner specified in paragraph (b)
i: the restricted information sharing provision is an information matching provision (as defined in section 97); or
ii: there is express statutory authorisation to do so.
4: In subsection (3) information sharing provision restricted information sharing provision
96C: Interpretation
In this Part, unless the context otherwise requires,— adverse action approved information sharing agreement code of practice department
a: the New Zealand Police:
b: the New Zealand Transport Agency information sharing agreement agreement lead agency
a: the agreement; and
b: the Order in Council approving the agreement local authority Order in Council sections 96V(3) and 96Z section 96J(1) organisation
a: an organisation named in Part 2 of Schedule 1 of the Ombudsmen Act 1975; and
b: an organisation named in Schedule 1 of the Official Information Act 1982 private sector agency public sector agency public service
a: by or under law; or
b: by a policy of the Government relevant Minister sharing
a: collecting the information:
b: storing the information:
c: checking the information:
d: using the information:
e: disclosing the information:
f: exchanging the information:
g: if necessary, assigning a unique identifier to an individual.
2: Information sharing agreements
Authority for information sharing
96D: Information sharing between agencies
An approved information sharing agreement may authorise an agency to share any personal information with 1 or more other agencies in accordance with the terms of the agreement.
96E: Information sharing within agencies
An approved information sharing agreement may authorise a part of an agency to share any personal information with 1 or more parts of the same agency in accordance with the terms of the agreement. Parties
96F: Parties to information sharing agreement
1: Any 2 or more of the following may enter into an information sharing agreement:
a: a public sector agency:
b: a private sector agency:
c: a part of a public sector agency:
d: a part of a private sector agency.
2: Subsection (1) subsections (3) and (4)
3: An overseas agency may not enter into an information sharing agreement.
4: At least 1 of the agencies that enters into an information sharing agreement must be—
a: a public sector agency that is a department; or
b: part of a public sector agency that is a department.
96G: Representative parties
1: An agency that represents the interests of a class of agencies may enter into an information sharing agreement with a department if that agency is—
a: a public sector agency that is not a department; or
b: a private sector agency.
2: If an agreement is proposed to be entered into under subsection (1) Schedule of Parties
3: At any time after an agreement has been entered into the lead agency may, with or without the consent of any agency,—
a: amend the Schedule of Parties to add or remove agencies as parties:
b: substitute a new Schedule of Parties.
4: An agency that becomes a party to the agreement under subsection (2) or (3)
5: Unless the context otherwise requires, every reference in this Part subsection (2) or (3) Lead agency
96H: Determining which party is lead agency
1: If only 1 public sector agency that is a department enters into an information sharing agreement, it must be designated as the lead agency for the agreement.
2: If more than 1 public sector agency that is a department enters into an information sharing agreement, the parties to the agreement may agree between themselves which of those public sector agencies is to be designated as the lead agency. Form and content
96I: Form and content of information sharing agreement
1: An information sharing agreement must be in writing.
2: An information sharing agreement must—
a: specify with due particularity the purpose of the information sharing agreement:
b: set out the information referred to in section 96K
c: contain an overview of the operational details about the sharing of information under the agreement:
d: specify the safeguards that will apply to protect the privacy of individuals and ensure that any interference with their privacy is minimised:
e: if a party to the agreement is a private sector agency, state which public sector agency will be responsible for dealing with complaints about an alleged interference with privacy if the private sector agency is unable to be held to account for those complaints:
f: state that every party to the agreement must give any reasonable assistance that is necessary in the circumstances to allow the Commissioner or an individual who wishes to make a complaint about an interference with privacy to determine the agency against which the complaint should be made:
g: if entered into under section 96G
i: identify the party that is a public sector agency or private sector agency representing the interests of a class of agencies; and
ii: describe that class of agencies; and
iii: include a schedule that sufficiently identifies the public sector agencies or private sector agencies within that class that are parties to the agreement.
3: An information sharing agreement may specify any other terms or conditions that the parties may agree, including—
a: the fees and charges that are payable under the agreement; and
b: any other business processes relating to the sharing of information under the agreement. Approval of information sharing agreements
96J: Governor-General may approve information sharing agreement by Order in Council
1: The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, approve an information sharing agreement.
2: An Order in Council may grant an exemption from or modify the application of—
a: any 1 or more of the information privacy principles (except principles 6 and 7):
b: any code of practice (except any code of practice that modifies principles 6 and 7).
3: An Order in Council that, under subsection (2)
4: An Order in Council that, under subsection (2)
96K: Requirements for Order in Council
An Order in Council must—
a: state, if applicable,—
i: the nature of the exemption granted under section 96J(2)
ii: how any of the information privacy principles or any code of practice will be modified under section 96J(2)
b: state the public service or public services the provision of which the information sharing agreement is intended to facilitate:
c: specify with due particularity the personal information or the type of personal information to be shared under the agreement:
d: set out the parties, or classes of parties, to the agreement and designate 1 of the parties as the lead agency:
e: for every party to the agreement,—
i: describe the personal information or type of personal information that the party may share with each of the other parties; and
ii: state how the party may use the personal information; and
iii: state the adverse actions that the party can reasonably be expected to take as a result of sharing personal information under the agreement; and
iv: specify the procedure that the party must follow before taking adverse action against an individual as a result of sharing personal information under the agreement if the requirement in section 96Q(1) section 96R(a)(ii)
f: state how a copy of the agreement can be accessed.
96L: Further provisions about Order in Council
1: An Order in Council must provide that it comes into force on a date specified in the Order in Council (which must not be a date that is before the date on which it is made).
2: An Order in Council remains in force until it—
a: expires on a date appointed in the Order in Council (if any); or
b: is revoked.
3: An Order in Council must insert into Schedule 2A
a: a description of each of the following:
i: the information sharing agreement that is approved by the Order in Council:
ii: the public service or the public services the provision of which the agreement is intended to facilitate:
iii: the personal information or type of personal information that may be shared between or within the agencies that are party to the agreement; and
b: the name of the agreement; and
c: the name of the lead agency for the agreement; and
d: the Internet site address where a copy of the agreement can be accessed.
96M: Application of Acts and Regulations Publication Act 1989 and Regulations (Disallowance) Act 1989
An Order in Council is a regulation for the purposes of—
a: the Acts and Regulations Publication Act 1989; and
b: the Regulations (Disallowance) Act 1989. Procedure for recommending Order in Council
96N: Matters to which relevant Minister must have regard before recommending Order in Council
1: Before recommending the making of an Order in Council, the relevant Minister must—
a: be satisfied of the matters set out in subsection (2)
b: have regard to any submissions made under section 96O(1)(a)
2: The matters referred to in subsection (1)(a)
a: that the information sharing agreement will facilitate the provision of any public service or public services:
b: that the type and quantity of personal information to be shared under the agreement are no more than is necessary to facilitate the provision of that public service or those public services:
c: that the agreement does not unreasonably impinge on the privacy of individuals and contains adequate safeguards to protect their privacy:
d: that the benefits of sharing personal information under the agreement are likely to outweigh the financial and other costs of sharing it:
e: that any potential conflicts or inconsistencies between the sharing of personal information under the agreement and any other enactment have been identified and appropriately addressed.
96O: Consultation on proposed information sharing agreement
1: The agencies proposing to enter into an information sharing agreement must, before the proposed agreement is concluded,—
a: consult with, and invite submissions on the proposed agreement from,—
i: the Commissioner; and
ii: any person or organisation that the agencies consider represents the interests of the classes of individuals whose personal information will be shared under the proposed agreement; and
iii: any other person or organisation that the agencies consider should be consulted; and
b: have regard to any submissions made under paragraph (a)
2: The Commissioner—
a: must consider the privacy implications of the proposed agreement; and
b: may make any submissions under subsection (1)(a)(i)
3: The agencies must give the relevant Minister a copy of the submissions made under subsection (1)(a) Commissioner's report on approved information sharing agreement
96P: Commissioner may prepare and publish report on approved information sharing agreement
1: If an information sharing agreement is approved by Order in Council, the Commissioner may prepare a report to the relevant Minister on any matter relating to privacy that arises or is likely to arise in respect of the agreement.
2: Without limiting subsection (1)
a: any comment that he or she wishes to make about the consultation that the agencies carried out under section 96O(1)(a)
b: any submissions that he or she made to the agencies under section 96O(1)(a)(i)
3: The Commissioner—
a: may publish a report under subsection (1)
b: must consult the relevant Minister before doing so.
3: Matters relating to operation of approved information sharing agreements
Notice of adverse action
96Q: Requirement to give notice of adverse action
1: A party to an approved information sharing agreement must give written notice to an individual before it takes any adverse action against the individual on the basis (whether wholly or in part) of personal information about the individual that was shared under the agreement.
2: The notice must—
a: give details of the adverse action that the party proposes to take and the personal information about the individual on which the action is based; and
b: state that the individual has 10 working days from the receipt of the notice in which to dispute the correctness of that personal information.
3: To avoid doubt, an individual who is given the notice may take any steps that are available under any enactment to dispute any proposed adverse action against him or her, but he or she may show cause under this section as to why the proposed adverse action should not be taken only on the basis that it is based on incorrect personal information.
96R: When requirement to give notice of adverse action applies
The requirement to give notice under section 96Q
a: an approved information sharing agreement provides that a party to the agreement may—
i: give a shorter period of notice than the 10-working-day period referred to in section 96Q(2)(b)
ii: dispense with the giving of the notice; or
b: if an approved information sharing agreement does not provide in the manner specified in paragraph (a)
i: give a shorter period of notice than the 10-working-day period referred to in section 96Q(2)(b)
ii: dispense with the giving of the notice. Responsibilities of lead agency
96S: Responsibilities of lead agency
1: A lead agency for an information sharing agreement must, if the agreement is approved by Order in Council under section 96J(1)
a: make a copy of the agreement—
i: available for inspection, free of charge, at the lead agency's head office on any working day; and
ii: accessible, free of charge, on an Internet site maintained by or on behalf of the lead agency; and
b: prepare a report on the operation of the agreement at the intervals required by the Commissioner under section 96U
c: carry out any other responsibilities imposed by this Part.
2: A lead agency does not need to comply with subsection (1)(a)(ii)
3: To avoid doubt, nothing in this section applies to a party to an information sharing agreement that is not the lead agency except as provided in subsection (2)
96T: Report of lead agency
1: A report prepared by a lead agency under section 96S(1)(b)
a: the costs of reporting:
b: the degree of public interest in information about the matters prescribed in those regulations:
c: the significance of the privacy implications of the approved information sharing agreement.
2: A report must be included—
a: in the lead agency's annual report under the Public Finance Act 1989, if it is required annually; or
b: in the lead agency's annual report under the Public Finance Act 1989 that immediately follows the end of each interval specified under section 96U(1)(b)
96U: Commissioner may specify frequency of reporting by lead agency
1: The Commissioner may require a lead agency to prepare a report under section 96S(1)(b)
a: annually; or
b: at less frequent intervals that the Commissioner may specify.
2: In determining the appropriate frequency in subsection (1) section 96S(1)(b)
a: the costs of reporting:
b: the degree of public interest in information about the matters prescribed in regulations made under this Act:
c: the significance of the privacy implications of the approved information sharing agreement. Amendment of approved information sharing agreements
96V: Amendment of approved information sharing agreement
1: This section applies if the parties to an approved information sharing agreement amend the agreement (whether in accordance with the Commissioner's recommendation in a report under section 96X(1)
2: As soon as practicable after the amendment is made, the lead agency must—
a: give written notice of the amendment to—
i: the Commissioner; and
ii: the relevant Minister; and
b: make a copy of the amendment—
i: available for inspection, free of charge, at the lead agency's head office on any working day; and
ii: accessible, free of charge, on the Internet site where a copy of the agreement is accessible.
3: The information sharing agreement approved by Order in Council continues to have effect as if the amendment notified under subsection (2)
4: Sections 96J to 96P
5: Nothing in subsection (2)(a), (3), or (4)
a: the fees and charges payable under the agreement; or
b: the name or description of a party to the agreement; or
c: any terms or conditions of the agreement that the lead agency considers, after consulting the Commissioner, do not, or are unlikely to, have any effect on the privacy implications of the agreement. Review of approved information sharing agreement
96W: Review of operation of approved information sharing agreement
1: The Commissioner may, on his or her own initiative, conduct a review of the operation of an approved information sharing agreement—
a: at the end of a period of 12 months after the Order in Council approving the agreement is made; and
b: at any time that the Commissioner considers appropriate for any subsequent reviews.
2: In conducting a review, the Commissioner must—
a: consult the following about the review:
i: the parties to the agreement:
ii: any person or organisation that the Commissioner considers represents the interests of the classes of individuals whose personal information is being shared under the agreement; and
b: consider any submissions made on the review.
3: The parties to the agreement must take all reasonable steps to co-operate with the review.
96X: Report on findings of review
1: After completing a review under section 96W
a: operating in an unusual or unexpected way (that is, in a way that was not foreseen by the Commissioner or the parties to the agreement at the time the agreement was entered into):
b: failing to facilitate the provision of the public service or public services to which it relates:
c: unreasonably impinging on the privacy of individuals:
d: operating in such a way that the costs of sharing personal information under the agreement outweigh the benefits of sharing it.
2: The Commissioner may recommend in the report that—
a: the parties to the agreement should amend it in 1 or more material respects; or
b: the Order in Council by which the agreement was approved should be revoked.
96Y: Relevant Minister must present to House of Representatives copy of report under section 96X(1) and report setting out Government's response
The relevant Minister must—
a: present a copy of a report under section 96X(1)
b: as soon as possible after complying with paragraph (a) section 96X(1)
4: Miscellaneous
96Z: Power to amend Schedule 2A
1: Without limiting the matters that an Order in Council made under section 96J Schedule 2A section 96L(3)
a: make any amendments to Schedule 2A
i: to recognise the abolition or dissolution of any agency that is party to an approved information sharing agreement or any change in the name of such an agency; or
ii: to reflect any change in the Internet site address where a copy of an approved information sharing agreement can be accessed; or
iii: to reflect any amendments to an approved information sharing agreement that are approved under section 96V
iv: to correct any error or omission in any description in that schedule:
b: remove any description or matter in Schedule 2A
c: otherwise amend or replace Schedule 2A
2: To avoid doubt, any of the matters set out in this section may be included in an Order in Council made under section 96J
9: Regulations
Section 128
aa: prescribing the matters that the Commissioner may specify to a lead agency as matters that are to be included in a report by the lead agency under section 96S(1)(b)
10: New sections 129A and 129B inserted
The following sections are inserted after section 129
129A: Amendment relating to Legislation Act 2012
Section 129B
129B: New section 96M substituted
Section 96M
96M: Application of Legislation Act 2012
An Order in Council—
a: is a legislative instrument for the purposes of the Legislation Act 2012; and
b: is a disallowable instrument for the purposes of the Legislation Act 2012; and
c: must be presented to the House of Representatives under section 41 of that Act.
11: New Schedule 2A inserted
The Schedule 2A Schedule Schedule 2


Tax Administration Amendment Act 2013

1: Title
This Act is the Tax Administration Amendment Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act Tax Administration Act 1994 2013-02-27 Tax Administration Act 1994
4: New section 81A inserted
The following section is inserted after section 81
81A: Disclosure of information under approved information sharing agreement
Despite section 81, the Commissioner may supply personal information about an identifiable individual under an information sharing agreement approved by an Order in Council made under section 96J


1: Title
This Act is the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Births, Deaths, Marriages, and Relationships Registration Act 1995 2013-02-27 Births, Deaths, Marriages, and Relationships Registration Act 1995
4: Disclosure of birth information, death information, marriage information, civil union information, and name change information to certain specified agencies for certain purposes
Section 78A(4) under this section chief executive
5: New section 78AA inserted
The following section is inserted after section 78A
78AA: Disclosure of birth information, death information, marriage information, civil union information, and name change information under approved information sharing agreement
1: The Registrar-General may share the following personal information about an identifiable individual under an approved information sharing agreement:
a: birth information:
b: death information:
c: marriage information:
d: civil union information:
e: name change information.
2: This section does not limit section 74.
3: This section and section 78A do not limit each other, and section 78A does not prevent the Registrar-General from entering into an information sharing agreement with any agency to share information of the kind specified in subsection (1)
4: Subsection (1)
5: In this section,— approved information sharing agreement information sharing agreement section 96C non-disclosure direction


1: Title
This Act is the International Finance Agreements Amendment Act 2013.
2: Commencement
1: This Act comes into force on the day after the date on which it receives the Royal assent, except as provided in subsection (2).
2: Section 6 Section 2(2) brought into force 11 March 2016 International Finance Agreements Amendment Act 2013 Commencement Order 2016
3: Principal Act amended
This Act amends the International Finance Agreements Act 1961 2013-02-27 International Finance Agreements Act 1961 OIC LI 2016/41 2016-03-11 International Finance Agreements Act 1961 Section 6
4: New section 10 inserted
The following section is inserted after section 9
10: Power to amend schedules
1: The Governor-General may, by Order in Council,—
a: amend any schedule specified in subsection (2)
b: repeal any schedule specified in subsection (2)
2: The schedules that may be amended, or repealed and substituted, are—
a: Schedule 1 (which sets out the text of the Fund Agreement):
b: Schedule 2 (which sets out the text of the Bank Agreement):
c: Schedule 3 (which sets out the text of the Corporation Agreement):
d: Schedule 7 (which sets out the text of the Convention):
e: Schedule 1 of the International Finance Agreements Amendment Act 1966 (which sets out the text of the Agreement Establishing the Asian Development Bank):
f: Schedule 2 of the International Finance Agreements Amendment Act 1966 (which sets out the text of the Articles of Agreement of the International Development Association).
3: An order made under subsection (1)
5: Schedule 1 amended (implementing 2008 reforms)
Schedule 1 Schedule 1
6: Schedule 1 amended (implementing 2010 reforms)
Schedule 1 Schedule 2
7: Repeal of International Finance Agreements Amendment Act 1975
The International Finance Agreements Amendment Act 1975 2013-02-27 International Finance Agreements Amendment Act 1975


Corrections Amendment Act 2013

1: Title
This Act is the Corrections Amendment Act 2013.
2: Commencement
1: Section 1 sections 4(2) and (3) 32 34(2) and (3) 39 41 to 46 Part 3
2: The rest of this Act comes into force on the day that is 3 months after the date on which it receives the Royal assent.
1: Amendments to Corrections Act 2004
3: Principal Act amended
This Part Corrections Act 2004 2013-03-05 Corrections Act 2004 Section 1, this section, sections 4(2) and (3), 32, 34(2) and (3), 39, and 41 to 46, come into force on the day after the date on which this Act receives the Royal assent. 2013-06-04 Corrections Act 2004 The rest of this Act comes into force on the day that is 3 months after the date on which it receives the Royal assent. This section, sections 4(2) and (3), 32, 34(2) and (3), 39, and 41 to 46 are already in force.
4: Interpretation
1: Section 3(1) authorised property authorised property section 45A .
2: The definition of unauthorised item section 3(1)
ba: tobacco:
bb: any equipment used for smoking tobacco or any other substance: .
3: Paragraph (f) of the definition of unauthorised item section 3(1) section 129(a) , section 129(aa)
4: Paragraph (fa) of the definition of unauthorised item section 3(1) or dilute or contaminate tamper with
5: Section 3(1) health centre manager section 19A nurse .
5: Delegation of powers and functions of chief executive
1: Section 10
ea: the power to reconsider a prisoner's security classification under section 48(2); or .
2: Section 10
g: the power to grant approvals under sections 66(5)(a) and 66A(2)
ga: the power to approve an employee for the purposes of any regulations made under this Act; or .
6: Visiting Justices
Section 19(4)(f)
7: New section 19A inserted
The following section is inserted after section 19
19A: Health centre managers
1: For every prison (not being a contract prison or Police jail), the chief executive must appoint, under the State Sector Act 1988, a health centre manager.
2: A contractor must appoint a health centre manager for every contract prison managed by that contractor.
3: Each health centre manager must be a medical practitioner or a nurse.
4: Every health centre manager is responsible for ensuring the provision of health care and treatment to prisoners.
8: New section 20 substituted
Section 20
20: Medical officers
1: The chief executive must ensure that every prison (other than a Police jail) has a sufficient number of medical officers to meet prisoners' needs for medical care and medical treatment.
2: Every contractor must ensure that every contract prison managed by that contractor has a sufficient number of medical officers to meet prisoners' needs for medical care and medical treatment.
3: Each medical officer must be a medical practitioner.
9: Manager may make rules for prison
1: Section 33(1) and (2) , subject to subsection (6) may
2: Section 33
6: No rules may be made under this section that relate to matters for which rules must or may be made under section 45A
10: Certain information to be given to recently received prisoners
Section 42(1) , rules about authorised property made under section 45A section 33
11: Authorised property
1: Section 43
1: A prisoner may be issued with, or allowed to keep, authorised property subject to—
a: any condition set out in rules made under section 45A
b: any special conditions imposed by the prison manager relating to the use of the property; and
c: the condition described in section 44(1).
2: Section 43(3)(c) or rules made under section 45A
12: Standard conditions of issue and transfer of issued items
1: Section 44(1) section 43(1)(a) section 43(1)(c)
2: Section 44(2)(a) regulations made under this Act rules made under section 45A
3: Section 44(2)(c) regulations made under this Act rules made under section 45A
13: New section 45A inserted
The following section is inserted after section 45
45A: Rules about authorised property
1: The chief executive—
a: must, in respect of all corrections prisons, make rules declaring the items of property that prisoners may be issued with or allowed to keep; and
b: may make rules imposing conditions that attach to an item of property so declared; and
c: must publish the rules on an Internet site; and
d: must make the rules available for public inspection free of charge and for purchase at a reasonable price; and
e: must give notice in the Gazette
i: the Internet site on which the rules are published; and
ii: the place where the rules can be inspected; and
iii: the place where the rules can be purchased.
2: The Commissioner of Police—
a: must, in respect of all Police jails, make rules declaring the items of property that prisoners may be issued with or allowed to keep; and
b: may make rules specifying conditions that attach to an item of property so declared; and
c: must arrange for the rules to be made available and published in accordance with subsection (1)(c) to (e)
3: Rules made under subsection (1) or (2)
14: Segregation for purpose of medical oversight
1: Section 60(1) a medical officer the health centre manager
2: Section 60
1A: Before a health centre manager makes a recommendation under subsection (1) that relates to a matter outside his or her scope of practice, he or she must consult a medical practitioner whose scope of practice includes that matter.
3: Section 60(4) medical officer health centre manager
4: Section 60(5)
5: While a direction under this section is in force, the health centre manager must, unless he or she is satisfied that it is not necessary in the circumstances, ensure that a registered health professional visits the prisoner concerned—
a: at least once per day; or
b: if the prisoner is assessed to be at risk of self-harm, at least twice per day.
6: In this section, scope of practice
15: New section 66A inserted
The following section is inserted after section 66
66A: Self-employment
1: Every prisoner (other than a prisoner who is only awaiting trial or on remand or who is detained under the Immigration Act 2009) may, subject to the prison manager's approval, be self-employed while in custody and be employed in that work within the prison or outside the prison in which he or she is detained.
2: The prison manager must not approve a prisoner to be self-employed under this section unless the work—
a: is of a kind described in subsection (3)
b: is done under the conditions approved by the chief executive.
3: The work referred to in subsection (2)
4: Any work in which a prisoner is employed under this section must be carried out in accordance with any prescribed requirements.
16: Earnings of employed prisoner
Section 67(2)
2: Every prisoner described in subsection (4)
3: A person who receives money on behalf of a prisoner engaged in self-employment must, after deducting any commission, pay to the chief executive to the credit of the prisoner, those sums on account of the prisoner's earnings in that employment that the chief executive determines.
4: Subsections (2) and (3)
a: temporarily released from custody under section 62 to engage in self-employment; or
b: engaged in self-employment at the prison.
17: Application of money
1: Section 68(a) or self-employment employment
2: Section 68(b) or self-employment employment
3: Section 68
ba: the cost of the prisoner's detention for each week during which he or she is allowed, at any time, to engage in self-employment while in the custody of the chief executive, but not exceeding the weekly rate fixed by the Minister: .
18: Minimum entitlements
Section 69(4)
aa: may be denied, for not more than 2 consecutive days at a time, the minimum entitlement referred to in subsection (1)(a) if—
i: the prisoner has been temporarily released from custody or temporarily removed from prison under section 62 or removed for judicial purposes under section 65; and
ii: in the opinion of the prison manager, it is not practicable to provide the entitlement during the times the prisoner is in the prison: .
19: Diet
1: Section 72(1)
2: Section 72(3) or health centre manager medical officer
20: Use of force
Section 83(3) prescribed authorised
21: Restraint of prisoners
Section 87(5)
5: A prison manager may authorise the use of a mechanical restraint on a prisoner for more than 24 hours only if, in the opinion of a medical officer, continued restraint is necessary to protect the prisoner from self-harm.
5A: An authorisation under subsection (5)
a: be in writing; and
b: specify the type of restraint to be used; and
c: specify the time during which the prisoner is to be kept under restraint; and
d: include a record of the medical officer's opinion that the restraint is necessary to protect the prisoner from self-harm.
22: Definition of strip search
1: Section 90(2)
f: with his or her legs spread apart, bend his or her knees until his or her buttocks are adjacent to his or her heels: .
2: Section 90
3: Authority to conduct a strip search—
a: includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, ears, and anal and genital areas; but
b: does not authorise the insertion of any instrument, device, or thing into any orifice of those kinds.
23: Search of prisoners and cells
1: Section 98(6)(b) after the prisoner is temporarily released from custody
2: Section 98(7)
b: on the return of the prisoner to the prison—
i: after the prisoner has been outside the prison in the control of an officer, probation officer, or staff member who is not an officer; but
ii: not if the prisoner is returning to the prison from work; and .
3: Section 98
7A: Every prisoner who is subject to a direction under section 60(1)(b) because of risk of self-harm must be required to undergo a strip search conducted by an officer—
a: when the prisoner is first placed in a segregation area pursuant to the direction; and
b: each time the prisoner is returned to the segregation area after the prisoner has been in a part of the prison that is used by prisoners who are not subject to a segregation direction.
7B: In this subsection and subsection (7A) segregation area segregation direction
4: Section 98(8)(a) dilute, contaminate, or otherwise may
5: Section 98(8)(b) dilution, contamination, or such
24: Interpretation
Section 103A
103A: Interpretation
In this section and in sections 104 to 110A, unless the context otherwise requires, authorised person
a: a prison manager; or
b: a staff member authorised by the manager, in writing, to read correspondence for the purpose of section 107.
25: General considerations relating to mail
Section 104
26: Opening of mail
Section 106
2: Any mail to or from a prisoner that is to be opened or examined must be opened and examined by a staff member in the presence of 1 other staff member.
27: Reading of correspondence
1: Section 107(1) officer person
2: Section 107(2) officer person
28: New section 109 substituted
Section 109
109: Mail between prisoners, official agencies, and members of Parliament
A staff member must not open any mail and an authorised person must not read any correspondence and a prison manager must not withhold any mail that—
a: is from a prisoner to an official agency; or
b: is from a prisoner to a member of Parliament and is addressed to that member at Parliament; or
c: is from an official agency or member of Parliament to a prisoner, and accompanied by a covering letter addressed to the prison manager stating that the agency or member of Parliament is acting in an official capacity in respect of the prisoner.
29: Mail between prisoners and legal advisers
1: Section 110
1: A staff member must not open any mail and an authorised person must not read any correspondence and a prison manager must not withhold any mail between a prisoner and his or her legal adviser, unless authorised to do so under any of subsections (2) to (6).
2: Section 110(2) An authorised officer A staff member
30: Restrictions on disclosure of mail
1: Section 110A(a)
2: Section 110A(b)
31: Destruction of recordings
Section 120
1: The chief executive must take all practicable steps to ensure that every recording of a prisoner call held by the chief executive is destroyed or completely erased,—
a: not later than 2 years after the call was made unless the chief executive has within that time considered that the information contained in the recording is likely to be—
i: required for the purposes of an investigation into an offence or possible offence; or
ii: required for the purposes of an investigation into the possibility that an offence may be committed in the future; or
iii: required for evidence in a prosecution or possible prosecution for an offence, or in disciplinary proceedings, or in proceedings against a prisoner for a disciplinary offence; or
iv: required to be disclosed under the Privacy Act 1993; or
b: within a time prescribed in regulations (being a time not later than 2 years after the call was made) if any circumstances prescribed in regulations apply.
1A: If a recording of a prisoner call is held by the chief executive for any reason specified in subsection (1)(a)
32: Prisoner may be required to submit to drug or alcohol test
1: Section 124(1) and subject to any limitations prescribed by regulations subsection (2)
2: Section 124(2)(a) believes suspects
33: Obligations of persons carrying out procedure
Section 125(a)(iii) dilute, contaminate, or otherwise offence to
34: Offences by prisoners relating to drugs and alcohol
1: Section 129(a) or health centre manager medical officer
2: The heading to section 129 and alcohol , alcohol, and smoking
3: Section 129
aa: smokes tobacco or any other substance inside a prison; or .
4: Section 129
c: does any of the following in respect of any sample required to be supplied (whether by that prisoner or any other prisoner) in accordance with a prescribed procedure:
i: consumes, administers, or supplies any substance with intent to dilute or contaminate the sample:
ii: otherwise tampers with the sample.
35: Offences committed by persons while on temporary release from custody under section 62
Section 130(1) or health centre manager medical officer
36: Powers of hearing adjudicator in relation to offences against discipline
1: Section 133(3)(a) all or any privileges
2: Section 133
3A: The hearing adjudicator must take into account the prisoner's circumstances before imposing any forfeiture or postponement of privileges under subsection (3)(a).
37: Powers of Visiting Justice in relation to offences by prisoners
1: Section 137(3)(a) all or any privileges
2: Section 137
3A: The Visiting Justice must take into account the prisoner's circumstances before imposing any forfeiture or postponement of privileges under subsection (3)(a).
38: New heading and section 165 substituted
The heading above section 165 Health records
165: Health records
1: Every medical officer must ensure that an adequate record of the health care or treatment provided by that officer to a prisoner at a prison is maintained and kept securely and not treated as part of the prison records for that prisoner or former prisoner, as the case may be.
2: Every health centre manager must ensure that—
a: an adequate record of the health care or treatment provided to a prisoner at a prison is maintained; and
b: full health records (including dental records of prisoners or former prisoners at the prison) are kept securely; and
c: the health record of any prisoner or former prisoner at the prison is not treated as part of the prison records of that prisoner or former prisoner, as the case may be.
39: New heading and section 179AA inserted
The following heading and section are inserted after section 179 Status of certain rules and regulations relating to smoking in prisons
179AA: Status of certain rules and regulations relating to smoking in prisons
1: On and from 12 February 2013, the following rules and regulations must be treated as if they were made after Part 3
a: any rule made before 12 February 2013 by a prison manager under section 33 that forbids prisoners to smoke tobacco or any other substance, or forbids prisoners to possess tobacco or any tobacco-related item; and
b: regulations 4 and 6 of the Corrections Amendment Regulations 2012.
2: On and from 12 February 2013, no proceedings may be brought against the Crown questioning the validity of any rules or regulations referred to in subsection (1)
3: Nothing in this section affects proceedings commenced before 12 February 2013 to the extent that any relief sought or granted in those proceedings relates only to the period before 12 February 2013.
40: New heading and section 189D inserted
The following heading and section are inserted after section 189C Information associated with seized electronic communication devices
189D: Chief executive may require electronic communications company to provide information to access contents of seized device
1: This section applies if an electronic communication device is seized under section 150 and the chief executive believes, on reasonable grounds, that it is necessary for the detection or investigation of an offence under this Act to examine the contents of the device.
2: If this section applies, the chief executive may by notice in writing require an electronic communications company to provide information, to the extent that it is stored by the company in the ordinary course of its business, that will enable the chief executive to access the contents of the device (for example, information that will unlock or unblock the device).
3: The department must pay for the actual and reasonable costs (if any) incurred by an electronic communications company in providing information required under this section.
4: In this section,— contents of the device electronic communications company
41: Matters to be included in annual report
Section 190(3)(a)(i) section 199D(2) and (3) section 199D(1A)
42: New sections 199AA and 199AB inserted
The following sections are inserted after section 199
199AA: Delegation of powers and functions of chief executive to contractor
1: Without limiting sections 41 and 42 of the State Sector Act 1988, but subject to section 10 of this Act, the chief executive may delegate to a contractor or an employee of a contractor, either generally or particularly, any of the functions or powers of the chief executive under this Act.
2: Subject to any general or special directions given or conditions imposed by the chief executive, a contractor or an employee of a contractor to whom any functions or powers are delegated may perform those functions or exercise those powers in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
3: A contractor or an employee of a contractor who has been delegated any functions or powers under subsection (1)
4: A contractor or an employee of a contractor who appears to act under a delegation is presumed to be acting in accordance with its terms and conditions in the absence of evidence to the contrary.
5: A delegation made under this section is revocable at any time in writing and until it is revoked continues in force according to its tenor, despite the fact that the chief executive by whom it was made may have ceased to hold office, and continues to have effect as if made by the successor in office of that chief executive.
6: A delegation under this section does not affect the exercise of any function or power by the chief executive or the responsibility of the chief executive for the actions of any person acting under the delegation.
199AB: Delegation of powers and functions of chief executive to subcontractor
1: Without limiting sections 41 and 42 of the State Sector Act 1988, but subject to section 10 of this Act, the chief executive may delegate to a subcontractor referred to in section 199C or an employee of that subcontractor, either generally or particularly, any of the functions or powers of the chief executive under this Act.
2: Subject to any general or special directions given or conditions imposed by the chief executive, a subcontractor or employee of that subcontractor to whom the functions or powers are delegated may perform those functions or exercise those powers in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
3: A subcontractor or an employee of a subcontractor who has been delegated any functions or powers under subsection (1)
4: A subcontractor or an employee of a subcontractor who appears to act under a delegation is presumed to be acting in accordance with its terms and conditions in the absence of evidence to the contrary.
5: Section 199AA(5) and (6)
43: Reporting responsibilities
Section 199D
1A: A contractor must, at any intervals (not exceeding 4 months) that are determined by the chief executive, report in writing to the chief executive on—
a: the exercise of any functions, duties, or powers delegated under sections 199AA
b: the exercise of any functions, powers, or duties by an employee of the contractor who is an approved employee within the meaning of any regulations made under this Act.
1B: A subcontractor referred to in section 199C must, at any intervals (not exceeding 4 months) that are determined by the chief executive, report in writing on the exercise of any functions, duties, or powers, delegated under section 199AB
44: Accommodation and access
Section 199F
2A: Every contractor must ensure that any monitor has free and unfettered access to the following persons, but only during their work hours:
a: all employees of the contractor who—
i: are not staff members of the contract prison managed by that contractor; and
ii: are exercising, in respect of that prison, the functions and powers of the chief executive or the contractor under a delegation; and
b: all employees of the contractor who are approved employees (within the meaning of any regulations made under this Act).
45: Monitors to report on certain matters
Section 199G(1)(i) section 199D(2) or (3) section 199D(1A)
46: Regulations relating to safe custody of prisoners
Section 202
ma: prescribing limitations on when a prisoner may be required to submit to a prescribed procedure under section 124.
2: Amendment to Courts Security Act 1999
47: Amendment to Courts Security Act 1999
1: This section amends the Courts Security Act 1999
2: Section 25(1)(b) or officers security officers 2013-06-04 Courts Security Act 1999
3: Amendments to Smoke-free Environments Act 1990
48: Amendments to Smoke-free Environments Act 1990
1: This section amends the Smoke-free Environments Act 1990
2: The definition of prison section 2(1)
3: The definition of workplace section 2(1)
4: Section 6A 2013-03-05 Smoke-free Environments Act 1990


1: Title
This Act is the Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 principal Act 2013-03-05 Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010
1: Amendments to preliminary provision
4: Section 4 amended (Interpretation)
1: In section 4(1) 2013 election 2016 election .
2: In section 4(1) Hurunui WCO application
3: In section 4(1) next election 2013 2016
2: Amendments to other provisions
5: New section 17A inserted (Review)
After section 17
17A: Review
1: The responsible Ministers must begin a review of ECan on 1 March 2014.
2: The review must cover—
a: the governance structure of ECan; and
b: the membership of ECan; and
c: ECan's powers and functions under Part 3.
6: Cross-heading above section 22 amended
In the cross-heading above section 22 2010 election 2010 and 2013 elections
7: Section 22 amended (2010 election for members of ECan must not be held)
1: In the heading to section 22 2010 election 2010 and 2013 elections
2: In section 22(1)
a: replace general election general elections
b: after (the 2010 election and in October 2013
8: Section 60 amended (Transitional provisions)
Repeal section 60(2)
9: Schedule 2 amended
In Schedule 2


1: Title
This Act is the Appropriation (2011/12 Financial Review) Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to—
a: confirm financial matters relating to the financial year ended 30 June 2012; and
b: validate other financial matters relating to the financial year ended 30 June 2012.
4: Interpretation
In this Act, unless the context otherwise requires, the terms benefit capital expenditure department expenses financial year Office of Parliament other expenses output expenses Vote section 2(1)
5: Confirmation of Order in Council directing transfer of amounts between output expense appropriations
The Public Finance (Transfers Between Outputs) Order 2012 2013-03-26 Public Finance (Transfers Between Outputs) Order 2012 This just requires a history note to go under the commencement provision saying that the OIC has been confirmed (Include in End Notes also)
6: Confirmation of expenses incurred in excess of existing appropriations and approved by Minister of Finance
1: The incurring of expenses approved by the Minister of Finance under section 26B
2: The expenses are the expenses incurred in excess, but within the scope, of the existing appropriations set out in column 3 of Schedule 1
3: The approved expenses are shown in column 4 of Schedule 1
7: Validation of unappropriated expenses incurred with authority
1: The incurring of expenses by a department in the circumstances set out in subsection (2) is validated.
2: The circumstances are that—
a: for the financial year ended 30 June 2012, the department incurred expenses in excess of the existing appropriation set out in column 3 of Schedule 2
b: the expenses referred to in paragraph (a) were incurred under the authority of an Imprest Supply Act.
3: In this section,— department column 1 Schedule 2 expenses column 4 Schedule 2
8: Validation of unappropriated expenses and capital expenditure incurred without authority
1: The incurring of expenses and capital expenditure by a department in the circumstances set out in subsection (2) is validated.
2: The circumstances are that—
a: for the financial year ended 30 June 2012, the department incurred—
i: expenses or capital expenditure in excess of the existing appropriations set out in column 3 of Schedule 3
ii: expenses or capital expenditure without appropriation, or other authority, by or under an Act against the categories of expenses or capital expenditure set out in column 3 of Schedule 4
b: the expenses and capital expenditure referred to in paragraph (a) were not incurred under the authority of an Imprest Supply Act.
3: In this section,— capital expenditure Schedule 3 4 department Schedule 3 4 expenses Schedule 3 4
9: Validation of departmental net asset holding
1: The excess amount of net asset holding described in subsection (2) in a department is validated.
2: The excess amount of net asset holding is the amount of net assets, as set out in column 3 of Schedule 5
3: In this section,— department Schedule 5 most recent projected balance of net assets
a: at the time when that projected balance was exceeded; and
b: as set out in column 2 of Schedule 5


1: Title
This Act is the Minimum Wage (Starting-out Wage) Amendment Act 2013.
2: Commencement
This Act comes into force on 1 May 2013
3: Principal Act
This Act amends the Minimum Wage Act 1983 principal Act 2013-05-01 Minimum Wage Act 1983
1: Amendments to principal Act
4: Section 4 replaced (Prescription of minimum wages)
Replace section 4
4: Prescribed minimum adult rate of wages
1: The Governor-General may, by Order in Council, prescribe a minimum adult rate of wages payable to workers—
a: who are aged 16 years or older; and
b: to whom any other minimum rate of wages prescribed under section 4A or 4B
2: A rate prescribed under subsection (1)
4A: Prescribed minimum starting-out rates of wages
1: The Governor-General may, by Order in Council, prescribe 1 or more minimum starting-out rates of wages payable to 1 or more classes of workers who—
a: are aged 16, 17, 18, or 19 years; and
b: are not involved in supervising or training other workers; and
c: are defined in the order by reference to the age (or range of ages) of the workers and 1 or more of the following factors:
i: the length of time, being a period of not less than 6 months, that the workers have been continuously paid 1 or more specified social security benefits (the continuous social assistance period
ii: the length of time, being a period of not more than 6 months, that the workers have been in continuous employment with—
A: any employer (excluding, if the order defines the class of workers by reference to the factor specified in subparagraph (i)
B: the worker's current employer:
iii: that the workers are employed under contracts of service that require the workers to undergo training, instruction, or examination (as specified in the order) for the purpose of becoming qualified for the occupation to which their contracts of service relate.
2: A rate prescribed under subsection (1) section 4
a: a monetary amount; or
b: a percentage of the minimum adult rate.
3: If a minimum starting-out rate is prescribed under subsection (1) subsection (1)(c)(i) or (ii)
a: may pay the worker in accordance with that rate only until the earlier of—
i: the date on which the worker has completed 6 months' continuous employment (or any shorter period of continuous employment specified in the order) with any employer or the worker's current employer (as the case requires):
ii: the day before the date on which the worker ceases to satisfy 1 or both of the criteria in subsection (1)(a) and (b)
b: then must pay the worker no less than the minimum adult rate prescribed under section 4
4: To avoid doubt, if more than 1 minimum starting-out rate prescribed under subsection (1) applies to a worker, only the higher or the highest rate applies.
5: For the purposes of subsection (1)(c)(i)
a: whether or not the benefit has been reduced due to any sanction imposed under the Social Security Act 1964 or for any other reason:
b: during any period when the benefit was suspended under the Social Security Act 1964 for any reason.
6: In this section,— continuous employment
a: means a continuous period of employment starting on the worker's first day of work; and
b: includes any employment undertaken by the worker before—
i: the worker turns 16:
ii: the commencement of the Minimum Wage (Starting-out Wage) Amendment Act 2013 continuously paid 1 or more specified social security benefits subsection (1)(c)(i) specified social security benefit
a: domestic purposes benefit:
b: emergency benefit:
c: independent youth benefit:
d: invalid's benefit:
e: sickness benefit:
f: unemployment benefit:
g: widow's benefit:
h: young parent payment:
i: youth payment.
4B: Prescribed minimum training rate of wages
1: The Governor-General may, by Order in Council, prescribe a minimum training rate payable to 1 or more classes of workers who—
a: are aged 20 years or older; and
b: are not involved in supervising or training other workers; and
c: are employed under contracts of service under which they are required to undergo training, instruction, or examination (as specified in the order) for the purpose of becoming qualified for the occupation to which their contract of service relates.
2: A rate prescribed under subsection (1) section 4
a: a monetary amount; or
b: a percentage of the minimum adult rate.
5: Section 5 amended (Annual review of minimum wages)
In section 5(1) section 4 section 4, 4A, or 4B
2: Miscellaneous provisions
6: Consequential amendments to Accident Compensation Act 2001
1: This section amends the Accident Compensation Act 2001
2: In Schedule 1
i: the minimum weekly adult rate prescribed under section 4 .
3: In Schedule 1
i: the minimum weekly adult rate prescribed under section 4 . 2013-05-01 Accident Compensation Act 2001
7: Transitional and savings provision relating to minimum new entrant rate
1: This section applies to a worker who, immediately before the commencement of this Act, was entitled to be paid wages by his or her employer in accordance with the minimum new entrant rate prescribed in clause 5
2: On and after the commencement of this Act,—
a: the worker is entitled to be paid the higher of—
i: the minimum new entrant rate as if this Act had not been passed:
ii: the highest minimum starting-out rate prescribed under section 4A
b: after completing 3 months or 200 hours of employment (whichever is completed first), the worker is entitled to be paid at the minimum adult rate prescribed under section 4
3: In subsection (2) employment
a: before or after the commencement of this Act:
b: with more than 1 employer.


Habeas Corpus Amendment Act 2013

1: Title
This Act is the Habeas Corpus Amendment Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Habeas Corpus Act 2001 principal Act 2013-03-30 Habeas Corpus Act 2001
4: Section 8 amended (Description of defendant by reference only to office)
Replace section 8(a)
a: the chief executive of the department for the time being responsible for the administration of the Corrections Act 2004, if the detained person is alleged to be illegally detained in a corrections prison; or .
5: Section 9 amended (Urgency)
In section 9(1) Court unless a Judge of that court considers that the circumstances require otherwise
6: Section 14 amended (Determination of applications)
1: After section 14(1)
1A: Despite subsection (1), the High Court may refuse an application for the issue of the writ, without requiring the defendant to establish that the detention of the detained person is lawful, if the court is satisfied that—
a: section 15(1) applies; or
b: an application for the issue of a writ of habeas corpus is not the appropriate procedure for considering the allegations made by the applicant.
2: In section 14(3) A Judge Subject to section 13(2), a Judge
7: New section 14A inserted (Application for writ is civil proceeding under Courts (Remote Participation) Act 2010)
After section 14
14A: Application for writ is civil proceeding under Courts (Remote Participation) Act 2010
To avoid doubt, an application for a writ of habeas corpus is a civil proceeding for the purposes of the Courts (Remote Participation) Act 2010.
8: Section 17 amended (Urgency in hearing appeals)
1: In section 17(1) Appeal unless that court or a Judge of that court considers that the circumstances require otherwise
2: In section 17(1A) the Supreme Court unless that court or a Judge of that court considers that the circumstances require otherwise
9: Section 20 amended (Rules)
In section 20
2: Without limiting subsection (1), rules may be made under section 51C of the Judicature Act 1908 that amend the form in the Schedule or replace the form.
10: Schedule amended
In the form in the Schedule Chief Justice of Our High Court of New Zealand Judge of the High Court of New Zealand
11: Transitional provision
The amendments made by this Act apply in respect of an application made under the principal Act