PRIVACY ACT 1988

PART II - INTERPRETATION  

Division 3 - Other matters  

SECTION 12B   SEVERABILITY - ADDITIONAL EFFECT OF THIS ACT  

12B(1)  


Without limiting its effect apart from this section, this Act has effect in relation to the following (the regulated entities ) as provided by this section:


(a) an agency;


(b) an organisation;


(c) a small business operator;


(d) a body politic.

Note:

Subsection 27(4) applies in relation to an investigation of an act or practice referred to in subsection 29(1) of the Healthcare Identifiers Act 2010 .

12B(2)  


This Act also has the effect it would have if its operation in relation to regulated entities were expressly confined to an operation to give effect to the following:


(a) the International Covenant on Civil and Political Rights done at New York on 16 December 1966 ([1980] ATS 23), and in particular Articles 17 and 24(1) of the Covenant;


(b) Article 16 of the Convention on the Rights of the Child done at New York on 20 November 1989 ([1991] ATS 4).

Note:

In 2012, the text of the Covenant and Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

12B(3)  


This Act also has the effect it would have if its operation in relation to regulated entities were expressly confined to acts or practices covered by section 5B (which deals with acts and practices outside Australia and the external Territories).

12B(4)  


This Act also has the effect it would have if its operation in relation to regulated entities were expressly confined to regulated entities that are corporations.

12B(5)  


This Act also has the effect it would have if its operation in relation to regulated entities were expressly confined to acts or practices of regulated entities taking place in the course of, or in relation to, trade or commerce:


(a) between Australia and places outside Australia; or


(b) among the States; or


(c) within a Territory, between a State and a Territory or between 2 Territories.

12B(5A)  


This Act also has the effect it would have if its operation in relation to regulated entities were expressly confined to acts or practices engaged in by regulated entities in the course of:


(a) banking (other than State banking not extending beyond the limits of the State concerned); or


(b) insurance (other than State insurance not extending beyond the limits of the State concerned).

12B(6)  


This Act also has the effect it would have if its operation in relation to regulated entities were expressly confined to acts or practices of regulated entities taking place using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution.

12B(7)  


This Act also has the effect it would have if its operation in relation to regulated entities were expressly confined to acts or practices of regulated entities taking place in a Territory.

12B(8)  


This Act also has the effect it would have if its operation in relation to regulated entities were expressly confined to acts or practices of regulated entities taking place in a place acquired by the Commonwealth for public purposes.



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