PRIVACY ACT 1988

PART II - INTERPRETATION  

Division 3 - Other matters  

SECTION 8   ACTS AND PRACTICES OF, AND DISCLOSURE OF INFORMATION TO, STAFF OF AGENCY, ORGANISATION ETC.  

8(1)   [Deemed acts by agency]  

For the purposes of this Act:


(a) an act done or practice engaged in by, or information disclosed to, a person employed by, or in the service of, an agency, organisation, file number recipient, credit reporting body or credit provider in the performance of the duties of the person ' s employment shall be treated as having been done or engaged in by, or disclosed to, the agency, organisation, recipient, credit reporting body or credit provider;


(b) an act done or practice engaged in by, or information disclosed to, a person on behalf of, or for the purposes of the activities of, an unincorporated body, being a board, council, committee, sub-committee or other body established by or under a Commonwealth enactment or a Norfolk Island enactment for the purpose of assisting, or performing functions in connection with, an agency, or organisation, shall be treated as having been done or engaged in by, or disclosed to, the agency or organisation; and


(c) an act done or practice engaged in by, or information disclosed to, a person who is the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 ) in the performance of his or her duties as such a person is treated as having been done or engaged in by, or disclosed to, the Australian Federal Police.

8(2)   [Deemed act by record-keeper]  

Where:


(a) an act done or a practice engaged in by a person, in relation to a record, is to be treated, under subsection (1), as having been done or engaged in by an agency; and


(b) that agency does not hold that record;

that act or practice shall be treated as the act or the practice of the agency that holds that record.

8(3)   [Deemed acts by organisation]  

For the purposes of the application of this Act in relation to an organisation that is a partnership:


(a) an act done or practice engaged in by a partner is taken to have been done or engaged in by the organisation; and


(b) a communication (including a complaint, notice, request or disclosure of information) made to a partner is taken to have been made to the organisation.

8(4)   [Deemed acts of unincorporated association]  

For the purposes of the application of this Act in relation to an organisation that is an unincorporated association:


(a) an act done or practice engaged in by a member of the committee of management of the association is taken to have been done or engaged in by the organisation; and


(b) a communication (including a complaint, notice, request or disclosure of information) made to a member of the committee of management of the association is taken to have been made to the organisation.

8(5)   [Deemed acts of trust organisation]  

For the purposes of the application of this Act in relation to an organisation that is a trust:


(a) an act done or practice engaged in by a trustee is taken to have been done or engaged in by the organisation; and


(b) a communication (including a complaint, notice or request or disclosure of information) made to a trustee is taken to have been made to the organisation.




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