Privacy Act 1988

PART VIA - DEALING WITH PERSONAL INFORMATION IN EMERGENCIES AND DISASTERS  

Division 2 - Declaration of emergency  

SECTION 80K   DECLARATION OF EMERGENCY - EVENTS OUTSIDE AUSTRALIA  

80K(1)    

The Prime Minister or the Minister may, in writing, make a declaration under this section if the Prime Minister or the Minister (as the case may be) is satisfied that:

(a)    an emergency or disaster has occurred outside Australia; and

(b)    the emergency or disaster is of such a kind that it is appropriate in the circumstances for this Part to apply in relation to the emergency or disaster; and

(c)    the emergency or disaster has affected one or more Australian citizens or permanent residents (whether within Australia or overseas).

80K(2)    
The Minister must consult the Minister administering the Diplomatic Privileges and Immunities Act 1967 before the Minister makes a declaration under this section.

Note:

A declaration under this section is merely a trigger for the operation of this Part and is not directly related to any other legislative or non-legislative scheme about emergencies.

80K(3)    

A declaration under this section is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.