PRIVACY ACT 1988

PART II - INTERPRETATION  

Division 3 - Other matters  

SECTION 7   ACTS AND PRACTICES OF AGENCIES, ORGANISATIONS ETC.  

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 hearing service provider), a file number recipient, a credit reporting body 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(iiiaa) (Repealed by No 59 of 2015)

(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 Defence Department 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(cb) (Repealed by No 197 of 2012)


(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 or an eligible hearing service provider), 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 or an eligible hearing service provider); or


(eaa) - (eab) (Repealed by No 59 of 2015)


(ea) - (eb) (Repealed by No 197 of 2012)


(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 or the Australian Geospatial-Intelligence Organisation; 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.

7(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 Australian Signals Directorate.

7(1B)  


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 by an agency with an intelligence role or function (within the meaning of the Office of National Intelligence Act 2018 ) so far as it involves the disclosure of personal information to the Office of National Intelligence.

7(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 Australian Privacy Principles, a registered APP code and the performance of the Commissioner ' s functions in relation to the principles and such a code, 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 or the Australian Geospatial-Intelligence Organisation; or


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

7(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.

7(3A)  
(Repealed by No 197 of 2012)

7(4)  


For the purposes of section 28 , of paragraphs 28A(2)(a) to (e) , 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.



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