Department/Agency
Attorney-General's Department
Announcement date
14 November 2025
Link to announcement
https://www.legislation.gov.au/F2025L01377/latest/text
Problem being addressed
The Privacy Act 1988 (Privacy Act) provides for the protection of the privacy of individuals. It contains 13 Australian Privacy Principles (APPs) which regulate the collection, use, disclosure and storage of individuals' personal information and applies to most Commonwealth government agencies, private sector organisations with an annual turnover of more than $3 million, and certain other organisations. Among other things, the Privacy Regulation 2013 (Privacy Regulation) gives effect to certain provisions in the Privacy Act, and provides for the prescription of certain entities, definitions of terms to support Australia’s credit reporting framework, exceptions to certain APPs, and the handling of personal information during emergencies and disasters. The Privacy Regulation is due to sunset on 1 April 2026.
Proposal
The Attorney-General’s Department proposed to remake the Privacy Regulation without significant amendments. The new regulations are the Privacy Regulations 2025 and commence on 1 April 2026.
Assessed Impact Analysis outcome
Sunsetting instrument.
Assessment comments
Consistent with the Government's Policy Impact Analysis requirements for Sunsetting Legislative Instruments, the Attorney-General’s Department has consulted affected stakeholders and certified that the Privacy Regulation is operating effectively and efficiently in lieu of preparing an Impact Analysis for making the Privacy Regulations 2025. That self-assessment was informed by a targeted consultation process from April-September 2025.
Regulatory burden
The Attorney General’s Department estimates that because the remake of the Privacy Regulation does not substantially alter the policy, the additional cost of compliance for people, businesses or community organisations is nil.