Privacy Act 1988

SCHEDULE 2 - STATUTORY TORT FOR SERIOUS INVASIONS OF PRIVACY  

Note: See section 94A .

PART 1 - PRELIMINARY  

5   Additional operation of this Schedule  

5(1)    
In addition to clause 4 , this Schedule also has effect as provided by this clause.

Communications

5(2)    
This Schedule also has the effect it would have if a reference in this Schedule to an invasion of privacy were expressly confined to an invasion of privacy using a service to which paragraph 51(v) of the Constitution applies.

Corporations

5(3)    
This Schedule also has the effect it would have if a reference in this Schedule to an invasion of privacy were expressly confined to an invasion of privacy by or on behalf of a corporation to which paragraph 51(xx) of the Constitution applies.

Territories

5(4)    
This Schedule also has the effect it would have if a reference in this Schedule to an invasion of privacy were expressly confined to an invasion of privacy in a Territory.

Trade and commerce

5(5)    
This Schedule also has the effect it would have if a reference in this Schedule to an invasion of privacy were expressly confined to an invasion of privacy in the course of trade or commerce:

(a)    between Australia and places outside Australia; or

(b)    among the States; or

(c)    between a State and a Territory; or

(d)    between 2 Territories.

Banking and insurance

5(6)    
This Schedule also has the effect it would have if a reference in this Schedule to an invasion of privacy were expressly confined to an invasion of privacy in the course of the carrying on of:

(a)    the business of banking, other than State banking (within the meaning of paragraph 51(xiii) of the Constitution) not extending beyond the limits of the State concerned; or

(b)    the business of insurance, other than State insurance (within the meaning of paragraph 51(xiv) of the Constitution) not extending beyond the limits of the State concerned.

Incidental

5(7)    
This Schedule also has the effect it would have if a reference in this Schedule to an invasion of privacy were expressly confined to an invasion of privacy incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.