PRIVACY ACT 1988
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) 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.
(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.
(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.
(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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