top of page

Regulatory Activity and Honours Exemption
 

Section 24, Regulatory activity and honours exemption, states:

(1) Except for the minimum requirements hyperlink, Parts 2 and 3 of this Act do not apply to the use of personal information if such use is required for the purposes of discharging functions to which this subsection applies to the extent to which the application of those Parts would be likely to prejudice the proper discharge of those functions.

(2) Subsection (1) applies to any relevant function which is designed—

(a) to protect members of the public against—

(i) financial loss due to dishonesty, malpractice or other seriously improper conduct by, or the unfitness, impropriety or professional incompetence of, individuals concerned in the provision of banking, insurance, investment, trust or other financial services or in the anagement and ownership of an organisation;

(ii) financial loss due to the conduct of discharged or undischarged bankrupts; or

(iii) dishonesty, malpractice or other seriously improper conduct by, or the unfitness or professional incompetence of, individuals authorised to carry on any profession or other activity;

(b) to protect charities against misconduct or mismanagement (whether by trustees or other persons) in their administration;

(c) to protect the property of charities from loss or misapplication, or to recover such property;

(d) to secure the health, safety and welfare of individuals at work; or

(e) to protect the public against risk to their health or safety arising out of or in

connection with the actions of individuals at work.

(3) In subsection (2), "relevant function" means—

(a) any function conferred on any person by or under any statutory provision;

(b) any function of the Crown, a Minister of the Crown or a government department; or

(c) any other function which is of a public nature and is exercised in the public interest.

(4) Parts 2 and 3 of this Act, except for the minimum requirements, do not apply to the use of personal information if such use is required for the purposes of the conferring by the Crown or Premier of any honour or dignity.

bottom of page