Australia. Comprehensive data protection. Act (amendment)

POLA Act 2024Privacy and Other Legislation Amendment Act 2024 (Cth)

Partially in force
Partly verifiedMedium confidence. Royal assent 2024-12-10 and general commencement 2024-12-11 from general knowledge; legislation.gov.au commencement table could not be read. Tort start 2025-06-10 confirmed.

§1Summary

Synopsis

Tranche 1 of Australia's Privacy Act reform. It adds tiered civil penalties and infringement notices, a statutory tort for serious invasions of privacy, a Children's Online Privacy Code, ADM transparency, an overseas-transfer whitelist mechanism, eligible data breach declarations and new doxxing crimes.

Key themes
  • statutory tort
  • children's code
  • ADM transparency
  • penalty tiers
  • infringement notices
  • whitelist for overseas transfers
  • security (APP 11) clarification
  • doxxing
Unique features

Creates a privately actionable tort for intentional or reckless serious invasions of privacy, independent of APP coverage.

SaaS relevance

SaaS using personal data in substantially automated decisions must disclose this in privacy policies from December 2026; consumer platforms likely accessed by children will be under the new code.

§2Obligations

Extraterritorial
Yes
Maximum penalty
A$50m/3x benefit/30% turnover; infringement notices for administrative breaches

§3Dates

Key dates
  • Adopted
  • In force
  • Most of Sch 1 from 2024-12-11; statutory tort (Sch 2) from 2025-06-10; Children's Online Privacy Code to be registered by 2026-12-10; ADM transparency in privacy policies from 2026-12-10; doxxing offences (Sch 3) on assent

§4Text and authority

Text
Authority
Office of the Australian Information Commissioner (OAIC)

§5Where it applies

Domestic law of
Australia
Also applies in

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. Royal assent 2024-12-10 and general commencement 2024-12-11 from general knowledge; legislation.gov.au commencement table could not be read. Tort start 2025-06-10 confirmed.