PRIVACY ACT 1988

PART II - INTERPRETATION  

Division 1 - General definitions  

SECTION 6D   SMALL BUSINESS AND SMALL BUSINESS OPERATORS  

6D(1)   What is a small business ?  

A business is a small business at a time (the test time ) in a financial year (the current year ) if its annual turnover for the previous financial year is $3,000,000 or less.

6D(2)   Test for new business.  

However, if there was no time in the previous financial year when the business was carried on, the business is a small business at the test time only if its annual turnover for the current year is $3,000,000 or less.

6D(3)   What is a small business operator ?  

A small business operator is an individual, body corporate, partnership, unincorporated association or trust that:


(a) carries on one or more small businesses; and


(b) does not carry on a business that is not a small business.

6D(4)   Entities that are not small business operators.  

However, an individual, body corporate, partnership, unincorporated association or trust is not a small business operator if he, she or it:


(a) carries on a business that has had an annual turnover of more than $3,000,000 for a financial year that has ended after the later of the following:


(i) the time he, she or it started to carry on the business;

(ii) the commencement of this section; or


(b) provides a health service to another individual and holds any health information except in an employee record; or


(c) discloses personal information about another individual to anyone else for a benefit, service or advantage; or


(d) provides a benefit, service or advantage to collect personal information about another individual from anyone else; or


(e) is a contracted service provider for a Commonwealth contract (whether or not a party to the contract); or


(f) is a credit reporting body.

6D(5)   Private affairs of small business operators who are individuals.  

Subsection (4) does not prevent an individual from being a small business operator merely because he or she does something described in paragraph (4)(b), (c) or (d):


(a) otherwise than in the course of a business he or she carries on; and


(b) only for the purposes of, or in connection with, his or her personal, family or household affairs.

6D(6)   Non-business affairs of other small business operators.  

Subsection (4) does not prevent a body corporate, partnership, unincorporated association or trust from being a small business operator merely because it does something described in paragraph (4)(b), (c) or (d) otherwise than in the course of a business it carries on.

6D(7)   Disclosure compelled or made with consent.  

Paragraph (4)(c) does not prevent an individual, body corporate, partnership, unincorporated association or trust from being a small business operator only because he, she or it discloses personal information about another individual:


(a) with the consent of the other individual; or


(b) as required or authorised by or under legislation.

6D(8)   Collection with consent or under legislation.  

Paragraph (4)(d) does not prevent an individual, body corporate, partnership, unincorporated association or trust from being a small business operator only because he, she or it:


(a) collects personal information about another individual from someone else:


(i) with the consent of the other individual; or

(ii) as required or authorised by or under legislation; and


(b) provides a benefit, service or advantage to be allowed to collect the information.

6D(9)   Related bodies corporate.  

Despite subsection (3), a body corporate is not a small business operator if it is related to a body corporate that carries on a business that is not a small business.


 

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