Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 7

             (1)  Except so far as the contrary intention appears, a reference in this Act (other than section 8) to an act or to a practice is a reference to:

                     (a)  an act done, or a practice engaged in, as the case may be, by an agency (other than an eligible case manager or an eligible hearing service provider), a file number recipient, a credit reporting agency or a credit provider other than:

                              (i)  an agency specified in any of the following provisions of the Freedom of Information Act 1982 :

                                        (A)  Schedule 1;

                                        (B)  Division 1 of Part I of Schedule 2;

                                        (C)  Division 1 of Part II of Schedule 2; or

                             (ii)  a federal court; or

                           (iia)  a court of Norfolk Island; or

                            (iii)  a Minister; or

                        (iiiaa)  a Norfolk Island Minister; or

                          (iiia)  the Integrity Commissioner; or

                            (iv)  the ACC; or

                             (v)  a Royal Commission; or

                            (vi)  a Commission of inquiry; or

                     (b)  an act done, or a practice engaged in, as the case may be, by a federal court or by an agency specified in Schedule 1 to the Freedom of Information Act 1982 , being an act done, or a practice engaged in, in respect of a matter of an administrative nature; or

                   (ba)  an act done, or a practice engaged in, as the case may be, by a court of Norfolk Island, being an act done, or a practice engaged in, in respect of a matter of an administrative nature; or

                     (c)  an act done, or a practice engaged in, as the case may be, by an agency specified in Division 1 of Part II of Schedule 2 to the Freedom of Information Act 1982 , other than an act done, or a practice engaged in, in relation to a record in relation to which the agency is exempt from the operation of that Act; or

                    (ca)  an act done, or a practice engaged in, as the case may be, by a part of the Department of Defence specified in Division 2 of Part I of Schedule 2 to the Freedom of Information Act 1982 , other than an act done, or a practice engaged in, in relation to the activities of that part of the Department; or

                   (cb)  an act done, or a practice engaged in, as the case may be, by an eligible case manager in connection with:

                              (i)  the provision of case management services (within the meaning of the Employment Services Act 1994 ) to persons referred to the eligible case manager under Part 4.3 of that Act; or

                             (ii)  the performance of functions conferred on the eligible case manager under that Act; or

                    (cc)  an act done, or a practice engaged in, as the case may be, by an eligible hearing service provider in connection with the provision of hearing services under an agreement made under Part 3 of the Hearing Services Administration Act 1997 ; or

                     (d)  an act done, or a practice engaged in, as the case may be, by a Minister in relation to the affairs of an agency (other than a Norfolk Island agency, an eligible hearing service provider or an eligible case manager), not being an act done, or a practice engaged in, in relation to an existing record; or

                     (e)  an act done, or a practice engaged in, as the case may be, by a Minister in relation to a record that is in the Minister's possession in his or her capacity as a Minister and relates to the affairs of an agency (other than a Norfolk Island agency, an eligible hearing service provider or an eligible case manager); or

                  (eaa)  an act done, or a practice engaged in, as the case may be, by a Norfolk Island Minister in relation to the affairs of a Norfolk Island agency, not being an act done, or a practice engaged in, in relation to an existing record; or

                  (eab)  an act done, or a practice engaged in, as the case may be, by a Norfolk Island Minister in relation to a record that is in the Norfolk Island Minister's possession in his or her capacity as a Norfolk Island Minister and relates to the affairs of a Norfolk Island agency; or

                    (ea)  an act done, or a practice engaged in, as the case may be, by a Minister in relation to the affairs of an eligible case manager, being affairs in connection with:

                              (i)  the provision of case management services (within the meaning of the Employment Services Act 1994 ) to persons referred to the eligible case manager under Part 4.3 of that Act; or

                             (ii)  the performance of functions conferred on the eligible case manager under that Act; or

                   (eb)  an act done, or a practice engaged in, as the case may be, by a Minister in relation to a record that is in the Minister's possession in his or her capacity as a Minister and relates to the affairs of an eligible case manager, being affairs in connection with:

                              (i)  the provision of case management services (within the meaning of the Employment Services Act 1994 ) to persons referred to the eligible case manager under Part 4.3 of that Act; or

                             (ii)  the performance of functions conferred on the eligible case manager under that Act; or

                    (ec)  an act done, or a practice engaged in, as the case may be, by a Minister in relation to the affairs of an eligible hearing service provider, being affairs in connection with the provision of hearing services under an agreement made under Part 3 of the Hearing Services Administration Act 1997 ; or

                   (ed)  an act done, or a practice engaged in, as the case may be, by a Minister in relation to a record that is in the Minister's possession in his or her capacity as a Minister and relates to the affairs of an eligible hearing service provider, being affairs in connection with the provision of hearing services under an agreement made under Part 3 of the Hearing Services Administration Act 1997 ; or

                    (ee)  an act done, or a practice engaged in, by an organisation, other than an exempt act or exempt practice (see sections 7B and 7C);

but does not include a reference to an act done, or a practice engaged in, in relation to a record that has originated with, or has been received from:

                      (f)  an intelligence agency;

                     (g)  the Defence Intelligence Organisation, the Defence Imagery and Geospatial Organisation or the Defence Signals Directorate of the Department of Defence; or

                    (ga)  the Integrity Commissioner or a staff member of ACLEI (within the meaning of the Law Enforcement Integrity Commissioner Act 2006 ); or

                     (h)  the ACC or the Board of the ACC.

          (1A)  Despite subsections (1) and (2), a reference in this Act (other than section 8) to an act or to a practice does not include a reference to the act or practice so far as it involves the disclosure of personal information to:

                     (a)  the Australian Security Intelligence Organisation; or

                     (b)  the Australian Secret Intelligence Service; or

                     (c)  the Defence Signals Directorate of the Department of Defence.

             (2)  Except so far as the contrary intention appears, a reference in this Act (other than section 8) to an act or to a practice includes, in the application of this Act otherwise than in respect of the Information Privacy Principles, the National Privacy Principles, an approved privacy code and the performance of the Commissioner's functions under section 27, a reference to an act done, or a practice engaged in, as the case may be, by an agency specified in Part I of Schedule 2 to the Freedom of Information Act 1982 or in Division 1 of Part II of that Schedule other than:

                     (a)  an intelligence agency;

                     (b)  the Defence Intelligence Organisation, the Defence Imagery and Geospatial Organisation or the Defence Signals Directorate of the Department of Defence; or

                     (c)  the ACC or the Board of the ACC.

             (3)  Except so far as the contrary intention appears, a reference in this Act to doing an act includes a reference to:

                     (a)  doing an act in accordance with a practice; or

                     (b)  refusing or failing to do an act.

          (3A)  For the purposes of this Act, an act is only to be taken to have been done, and a practice is only to be taken to have been engaged in, by a credit provider that is not a corporation if the act is done, or the practice is engaged in, in the course of, or for the purposes of, banking (other than State banking not extending beyond the limits of the State concerned) carried on by the credit provider.

             (4)  For the purposes of paragraphs 27(1)(b), (c), (d), (e), (g), (k) and (m), of subsection 31(2) and of Part VI, this section has effect as if a reference in subsection (1) of this section to an act done, or to a practice engaged in, included a reference to an act that is proposed to be done, or to a practice that is proposed to be engaged in, as the case may be.