Privacy Act 1988

SCHEDULE 2 - STATUTORY TORT FOR SERIOUS INVASIONS OF PRIVACY  

Note: See section 94A .

PART 1 - PRELIMINARY  

6   Interpretation  

6(1)    
In this Schedule:

agency
has the meaning given by subsection 6(1) of this Act.

ASIO affiliate
has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .

Australian Geospatial-Intelligence Organisation
means that part of the Defence Department known as the Australian Geospatial-Intelligence Organisation.

Australian law
has the meaning given by subsection 6(1) of this Act.

court / tribunal order
has the meaning given by subsection 6(1) of this Act.

Defence Department
means the Department administered by the Minister administering Part III of the Defence Act 1903 .

Defence Intelligence Organisation
means that part of the Defence Department known as the Defence Intelligence Organisation.

intelligence agency
means:

(a) the agency known as the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002 ; or

(b) the Australian Geospatial-Intelligence Organisation; or

(c) the Australian Secret Intelligence Service; or

(d) the Australian Security Intelligence Organisation; or

(e) the Australian Signals Directorate; or

(f) the Defence Intelligence Organisation; or

(g) the Office of National Intelligence.

International Covenant on Civil and Political Rights
means the International Covenant on Civil and Political Rights done at New York on 16 December 1966, as in force for Australia from time to time.

Note:

The Covenant is in Australian Treaty Series 1980 No. 23 ( [ 1980 ] ATS 23) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http: / / www.austlii.edu.au).

intruding upon the seclusion
of an individual includes, but is not limited to, the following:

(a) physically intruding into the person ' s private space;

(b) watching, listening to or recording the person ' s private activities or private affairs.

journalist
has the meaning given by subclause 15(2) .

journalistic material
has the meaning given by subclause 15(3) .

law enforcement body
means:

(a) the Australian Federal Police; or

(b) the National Anti-Corruption Commissioner; or

(c) the Australian Crime Commission; or

(d) a police force or service of a State or a Territory; or

(e) the New South Wales Crime Commission; or

(f) the Independent Commission Against Corruption of New South Wales; or

(g) the Law Enforcement Conduct Commission of New South Wales; or

(h) the Independent Broad-based Anti-corruption Commission of Victoria; or

(i) the Crime and Corruption Commission of Queensland; or

(j) the Corruption and Crime Commission of Western Australia; or

(k) the Independent Commissioner Against Corruption of South Australia.

misusing information
that relates to an individual includes, but is not limited to, collecting, using or disclosing information about the individual.

reckless
has the same meaning as in the Criminal Code .

staff member
of an agency or State or Territory authority (including an intelligence agency or a law enforcement body) includes:

(a) the head (however described) of the agency or authority, or another person who holds an office or appointment in relation to the agency or authority; and

(b) a person who is otherwise a member of the staff of the agency or authority (whether an employee of the agency or authority, a consultant or contractor to the agency or authority, or a person who is made available to perform services for the agency or authority by another agency or authority, or another person); and

(c) in the case of the Australian Federal Police - a member or special member of the Australian Federal Police; and

(d) in the case of a police force of a State or Territory - a member (however described) of that police force.

State or Territory authority
has the meaning given by section 6C of this Act.

6(2)    
In determining the meaning of an expression used in a provision of this Schedule, an expression used in the rest of this Act is to be disregarded (unless a provision of this Schedule expressly provides otherwise).

6(3)    
In determining the meaning of a provision of this Schedule, the rest of this Act is to be disregarded.