Privacy Act 1988

PART I - PRELIMINARY  

SECTION 5B   EXTRA-TERRITORIAL OPERATION OF ACT  

Agencies

5B(1)    

This Act, a registered APP code and the registered CR code extend to an act done, or practice engaged in, outside Australia and the external Territories by an agency.

Note:

The act or practice overseas will not breach an Australian Privacy Principle or a registered APP code if the act or practice is required by an applicable foreign law (see sections 6A and 6B ).

Organisations and small business operators

5B(1A)    

This Act, a registered APP code and the registered CR code extend to an act done, or practice engaged in, outside Australia and the external Territories by an organisation, or small business operator, that has an Australian link.

Note:

The act or practice overseas will not breach an Australian Privacy Principle or a registered APP code if the act or practice is required by an applicable foreign law (see sections 6A and 6B ).

Australian link

5B(2)    

An organisation or small business operator has an Australian link if the organisation or operator is:

(a)    an Australian citizen; or

(b)    a person whose continued presence in Australia is not subject to a limitation as to time imposed by law; or

(c)    a partnership formed in Australia or an external Territory; or

(d)    a trust created in Australia or an external Territory; or

(e)    a body corporate incorporated in Australia or an external Territory; or

(f)    an unincorporated association that has its central management and control in Australia or an external Territory.

5B(3)    

An organisation or small business operator also has an Australian link if all of the following apply:

(a)    

the organisation or operator is not described in subsection (2) ;

(b)    

the organisation or operator carries on business in Australia or an external Territory.

Power to deal with complaints about overseas acts and practices

5B(4)    

Part V of this Act has extra-territorial operation so far as that Part relates to complaints and investigation concerning acts and practices to which this Act extends because of subsection (1) or (1A) .

Note:

This lets the Commissioner take action overseas to investigate complaints and lets the ancillary provisions of Part V operate in that context.