Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 18BAA

             (1)  Despite paragraph 7(1)(ee), a privacy code may be approved even if it covers exempt acts or practices.

             (2)  If an approved privacy code covers exempt acts or practices, this Act applies in relation to the code as if those acts or practices were not exempt acts or practices.

Note:          Because of subsection (2), if an approved privacy code covers an act or practice that would usually be exempt:

(a)    the act or practice, if done or engaged in by an organisation bound by the code, may constitute an interference with the privacy of an individual as defined in section 13A; and

(b)    section 16A obliges an organisation bound by the code not to breach the code by doing or engaging in the act or practice; and

(c)    the act or practice, if done or engaged in by an organisation bound by the code, may be the subject of a complaint and investigation under Part V.