Senate debates

Monday, 13 February 2017

Bills

Privacy Amendment (Notifiable Data Breaches) Bill 2016; In Committee

12:48 pm

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

Can I just add an observation, please, Senator Griff. The 30 days is a maximum under section 26WH, but section 26WH also imposes a requirement that the party upon whom the obligation is cast must undertake an 'expeditious assessment'. So it may well be that an assessment is able to be undertaken in a much shorter period of time than 30 days. Thirty days is the outside, it is a statutory maximum, but against an obligation to deal with the matter expeditiously. It is the obligation, in fact, to deal with the matter expeditiously that is the governing obligation here, and then some guidance is to be given as to what is beyond reasonable compliance with that obligation of expedition. That is within at least 30 days but it may be sooner.

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