Privacy Act 1988

PART II - INTERPRETATION  

Division 1 - General definitions  

SECTION 6   INTERPRETATION  

6(1)    

In this Act, unless the contrary intention appears:

ACC
means the Australian Crime Commission.

access seeker
has the meaning given by subsection 6L(1) .

ACT enactment
has the same meaning as enactment has in the Australian Capital Territory (Self-Government) Act 1988 ;

advice related functions
has the meaning given by subsection 28B(1) .

affected information recipient
means:

(a) a mortgage insurer; or

(b) a trade insurer; or

(c) a body corporate referred to in paragraph 21G(3)(b) ; or

(d) a person referred to in paragraph 21G(3)(c) ; or

(e) an entity or adviser referred to in paragraph 21N(2)(a) .

agency
means:

(a) a Minister; or

(b) a Department; or

(c) a body (whether incorporated or not), or a tribunal, established or appointed for a public purpose by or under a Commonwealth law, not being:

(i) an incorporated company, society or association; or

(ii) an organisation that is registered under the Fair Work (Registered Organisations) Act 2009 or a branch of such an organisation; or

(ca) a body (whether incorporated or not), or a tribunal, established for a public purpose by or under a law (other than a law providing for the incorporation of companies, societies or associations) of a State or Territory as in force in an external Territory, other than a body exempted by the Minister under subsection (5A) ; or

(d) a body established or appointed by the Governor-General, or by a Minister, otherwise than by or under a Commonwealth law; or

(e) a person holding or performing the duties of an office established by or under, or an appointment made under, a Commonwealth law, other than a person who, by virtue of holding that office, is the Secretary of a Department; or

(ea) a person holding or performing the duties of an office established by or under, or an appointment made under, a law of a State or Territory as in force in an external Territory, other than an office or appointment exempted by the Minister under subsection (5A) ; or

(f) a person holding or performing the duties of an appointment, being an appointment made by the Governor-General, or by a Minister, otherwise than under a Commonwealth law; or

(g) a federal court; or

(h) the Australian Federal Police; or

(ha) a court of Norfolk Island; or

(i) (Repealed by No 197 of 2012)

(j) (Repealed by No 92 of 2017)

(k) an eligible hearing service provider; or

(l) the service operator under the Healthcare Identifiers Act 2010 .

alternative complaint body
has the meaning given by subsection 50(1) .

amount of credit
has the meaning given by subsection 6M(2) .

annual turnover
of a business has the meaning given by section 6DA .

APP code
has the meaning given by section 26C .

APP code developer
means:

(a) an APP entity; or

(b) a group of APP entities; or

(c) a body or association representing one or more APP entities.

APP complaint
means a complaint about an act or practice that, if established, would be an interference with the privacy of an individual because it breached an Australian Privacy Principle.

APP entity
means an agency or organisation.

APP privacy policy
has the meaning given by Australian Privacy Principle 1.3.

approved privacy code
(Repealed by No 197 of 2012)

at risk
from an eligible data breach has the meaning given by section 26WE .

Australian law
means:

(a) an Act of the Commonwealth or of a State or Territory; or

(b) regulations, or any other instrument, made under such an Act; or

(c) any other law in force in the Jervis Bay Territory or an external Territory; or

(d) a rule of common law or equity.

Australian link
has the meaning given by subsections 5B(2) and (3) .

Australian Privacy Principle
has the meaning given by section 14 .

authorised agent
of a reporting entity means a person authorised to act on behalf of the reporting entity as mentioned in section 37 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 .

bank
means:

(a) the Reserve Bank of Australia; or

(b) a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 ; or

(c) a person who carries on State banking within the meaning of paragraph 51(xiii) of the Constitution;

Bankruptcy Act
means the Bankruptcy Act 1966 .

ban period
has the meaning given by subsection 20K(3) .

Board of the ACC
means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002 .

breach
:

(a) in relation to an Australian Privacy Principle, has the meaning given by section 6A ; and

(b) in relation to a registered APP code, has the meaning given by section 6B ; and

(c) in relation to the registered CR code, has the meaning given by section 6BA .

breach an approved privacy code
(Repealed by No 197 of 2012)

breach an Information Privacy Principle
(Repealed by No 197 of 2012)

breach a National Privacy Principle
(Repealed by No 197 of 2012)

building society
(Repealed by Act No 44 of 1999)

Cabinet
(Repealed by No 59 of 2015)

civil penalty order
(Repealed by No 124 of 2017, s 3 and Sch 13 item 1.)

civil penalty provision
has the same meaning as in the Regulatory Powers Act.

class member
, in relation to a representative complaint, means any of the persons on whose behalf the complaint was lodged, but does not include a person who has withdrawn under section 38B ;

[ Commissioner ' s Note: Section 16(3) of Law and Justice Legislation Amendment Act 1993 Act No 13 of 1994 provides that amendments made by Act No 13 of 1994 relating to representative complaints do not apply to complaints lodged before the commencement of the amendment.]

code complaint
means a complaint about an act or practice that, if established, would be an interference with the privacy of an individual because it breached a registered APP code.

Code of Conduct
(Repealed by No 197 of 2012)

Codes Register
has the meaning given by subsection 26U(1) .

collects
: an entity collects personal information only if the entity collects the personal information for inclusion in a record or generally available publication.

commercial credit
means credit (other than consumer credit) that is applied for by, or provided to, a person.

commercial credit related purpose
of a credit provider in relation to a person means the purpose of:

(a) assessing an application for commercial credit made by the person to the provider; or

(b) collecting payments that are overdue in relation to commercial credit provided by the provider to the person.

Commissioner
means the Information Commissioner within the meaning of the Australian Information Commissioner Act 2010 .

Commissioner of Police
means the Commissioner of Police appointed under the Australian Federal Police Act 1979 ;

Commission of inquiry
means:

(a) the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); or

(b) a Commission of inquiry within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 .

committee of management
of an unincorporated association means a body (however described) that governs, manages or conducts the affairs of the association.

Commonwealth contract
means a contract, to which the Commonwealth or an agency is or was a party, under which services are to be, or were to be, provided to an agency.

Note: See also subsection (9) about provision of services to an agency.

Commonwealth enactment
(Repealed by No 154 of 2020, s 3 and Sch 3 item 55, effective 17 June 2021. For application provisions, see note under s 6(5) .)

Commonwealth law
means the following:

(a) an Act other than:

(i) the Northern Territory (Self-Government) Act 1978 ; or

(ii) an Act providing for the administration or government of an external Territory; or

(iii) the Australian Capital Territory (Self-Government) Act 1988 ;

(b) an Ordinance of the Australian Capital Territory or of an external Territory;

(c) a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 ;

(d) an instrument (including rules, regulations or by-laws) made under:

(i) an Act to which paragraph (a) applies; or

(ii) an Ordinance to which paragraph (b) applies; or

(iii) a law to which paragraph (c) applies;

(e) any other legislation that applies as a law of the Commonwealth, other than legislation in so far as it is applied:

(i) by an Act referred to in subparagraph (a)(i) or (ii); or

(ii) as a law of the Australian Capital Territory, to the extent that it operates as such a law.

Commonwealth officer
means a person who holds office under, or is employed by, the Commonwealth, and includes:

(a) a person appointed or engaged under the Public Service Act 1999 ;

(b) a person (other than a person referred to in paragraph (a)) permanently or temporarily employed by, or in the service of, an agency;

(c) a member of the Defence Force; and

(d) a member, staff member or special member of the Australian Federal Police;

but does not include a person permanently or temporarily employed in the Australian Capital Territory Government Service or in the Public Service of the Northern Territory;

Commonwealth record
has the same meaning as in the Archives Act 1983 .

communication device
(Repealed by No 44 of 2020, s 3 and Sch 2 item 2(a), effective 14 November 2022. For transitional provision, see note under Part VIIIA .)

consent
means express consent or implied consent;

consumer credit
means credit:

(a) for which an application has been made by an individual to a credit provider, or that has been provided to an individual by a credit provider, in the course of the provider carrying on a business or undertaking as a credit provider; and

(b) that is intended to be used wholly or primarily:

(i) for personal, family or household purposes; or

(ii) to acquire, maintain, renovate or improve residential property for investment purposes; or

(iii) to refinance consumer credit that has been provided wholly or primarily to acquire, maintain, renovate or improve residential property for investment purposes.

consumer credit liability information
: if a credit provider provides consumer credit to an individual, the following information about the consumer credit is consumer credit liability information about the individual:

(a) the name of the provider;

(b) whether the provider is a licensee;

(c) the type of consumer credit;

(d) the day on which the consumer credit is entered into;

(e) the terms or conditions of the consumer credit:

(i) that relate to the repayment of the amount of credit; and

(ii) that are prescribed by the regulations;

(f) the maximum amount of credit available under the consumer credit;

(g) the day on which the consumer credit is terminated or otherwise ceases to be in force.

consumer credit related purpose
of a credit provider in relation to an individual means the purpose of:

(a) assessing an application for consumer credit made by the individual to the provider; or

(b) collecting payments that are overdue in relation to consumer credit provided by the provider to the individual.

consumer data rules
has the same meaning as in the Competition and Consumer Act 2010 .

contact tracing
(Repealed by No 44 of 2020, s 3 and Sch 2 item 2(b), effective 14 November 2022. For transitional provision, see note under Part VIIIA .)

contracted service provider
, for a government contract, means:

(a) an organisation that is or was a party to the government contract and that is or was responsible for the provision of services to an agency or a State or Territory authority under the government contract; or

(b) a subcontractor for the government contract.

corporation
means a body corporate that:

(a) is a foreign corporation;

(b) is a trading corporation formed within the limits of Australia or is a financial corporation so formed; or

(c) is incorporated in a Territory, other than the Northern Territory;

court proceedings information
about an individual means information about a judgement of an Australian court:

(a) that is made, or given, against the individual in proceedings (other than criminal proceedings); and

(b) that relates to any credit that has been provided to, or applied for by, the individual.

court/tribunal order
means an order, direction or other instrument made by:

(a) a court; or

(b) a tribunal; or

(c) a judge (including a judge acting in a personal capacity) or a person acting as a judge; or

(d) a magistrate (including a magistrate acting in a personal capacity) or a person acting as a magistrate; or

(e) a member or an officer of a tribunal;

and includes an order, direction or other instrument that is of an interim or interlocutory nature.

COVID app data
(Repealed by No 44 of 2020, s 3 and Sch 2 item 2(c), effective 14 November 2022. For transitional provision, see note under Part VIIIA .)

COVIDSafe
(Repealed by No 44 of 2020, s 3 and Sch 2 item 2(d), effective 14 November 2022. For transitional provision, see note under Part VIIIA .)

COVIDSafe user
(Repealed by No 44 of 2020, s 3 and Sch 2 item 2(e), effective 14 November 2022. For transitional provision, see note under Part VIIIA .)

CP derived information
about an individual means any personal information (other than sensitive information) about the individual:

(a) that is derived from credit reporting information about the individual that was disclosed to a credit provider by a credit reporting body under Division 2 of Part IIIA ; and

(b) that has any bearing on the individual ' s credit worthiness; and

(c) that is used, has been used or could be used in establishing the individual ' s eligibility for consumer credit.

CRB derived information
about an individual means any personal information (other than sensitive information) about the individual:

(a) that is derived by a credit reporting body from credit information about the individual that is held by the body; and

(b) that has any bearing on the individual ' s credit worthiness; and

(c) that is used, has been used or could be used in establishing the individual ' s eligibility for consumer credit.

CR code
has the meaning given by section 26N .

CR code developer
means:

(a) an entity that is subject to Part IIIA; or

(b) a group of entities that are subject to Part IIIA; or

(c) a body or association representing one or more entities that are subject to Part IIIA .

credit
has the meaning given by subsections 6M(1) and (3) .

credit card
means any article of a kind commonly known as a credit card, charge card or any similar article intended for use in obtaining cash, goods or services by means of credit, and includes any article of a kind commonly issued by persons carrying on business to customers or prospective customers of those persons for use in obtaining goods or services from those persons by means of credit;

credit eligibility information
about an individual means:

(a) credit reporting information about the individual that was disclosed to a credit provider by a credit reporting body under Division 2 of Part IIIA ; or

(b) CP derived information about the individual.

credit enhancement
, in relation to credit, means:

(a) the process of insuring risk associated with purchasing or funding the credit by means of a securitisation arrangement; or

(b) any other similar process related to purchasing or funding the credit by those means;

credit guarantee purpose
of a credit provider in relation to an individual means the purpose of assessing whether to accept the individual as a guarantor in relation to:

(a) credit provided by the provider to a person other than the individual; or

(b) credit for which an application has been made to the provider by a person other than the individual.

credit information
has the meaning given by section 6N .

credit information file
(Repealed by No 197 of 2012)

credit provider
has the meaning given by sections 6G to 6K , and, for the purposes of sections 7 and 8 and Parts III , IIIB , IV and V , is taken to include a mortgage insurer and a trade insurer;

credit report
(Repealed by No 197 of 2012)

credit reporting agency
(Repealed by No 197 of 2012)

credit reporting body
means:

(a) an organisation; or

(b) an agency prescribed by the regulations;

that carries on a credit reporting business.

credit reporting business
has the meaning given by section 6P .

credit reporting complaint
means a complaint about an act or practice that, if established, would be an interference with the privacy of an individual because:

(a) it breached the registered CR code; or

(b) it breached a provision of Part IIIA;

credit reporting information
about an individual means credit information, or CRB derived information, about the individual.

credit reporting infringement
(Repealed by No 197 of 2012)

credit union
(Repealed by Act No 44 of 1999)

credit worthiness
of an individual means the individual ' s:

(a) eligibility to be provided with consumer credit; or

(b) history in relation to consumer credit; or

(c) capacity to repay an amount of credit that relates to consumer credit.

current credit provider
(Repealed by No 197 of 2012)

data store administrator
(Repealed by No 44 of 2020, s 3 and Sch 2 item 2(f), effective 14 November 2022. For transitional provision, see note under Part VIIIA .)

de facto partner
of an individual has the meaning given by the Acts Interpretation Act 1901 .

default information
has the meaning given by section 6Q .

Defence Department
means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .

Defence Force
includes the Australian Defence Force Cadets.

de-identified
: personal information is de-identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable.

Department
means an Agency within the meaning of the Public Service Act 1999 .

eligible case manager
(Repealed by No 197 of 2012)

eligible communications service
(Repealed by No 197 of 2012)

eligible data breach
has the meaning given by Division 2 of Part IIIC .

eligible hearing service provider
means an entity (within the meaning of the Hearing Services Administration Act 1997 );

(a) that is, or has at any time been, engaged under Part 3 of the Hearing Services Administration Act 1997 to provide hearing services; and

(b) that is not covered by paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of the definition of agency .

employee record
, in relation to an employee, means a record of personal information relating to the employment of the employee. Examples of personal information relating to the employment of the employee are health information about the employee and personal information about all or any of the following:

(a) the engagement, training, disciplining or resignation of the employee;

(b) the termination of the employment of the employee;

(c) the terms and conditions of employment of the employee;

(d) the employee ' s personal and emergency contact details;

(e) the employee ' s performance or conduct;

(f) the employee ' s hours of employment;

(g) the employee ' s salary or wages;

(h) the employee ' s membership of a professional or trade association;

(i) the employee ' s trade union membership;

(j) the employee ' s recreation, long service, sick, personal, maternity, paternity or other leave;

(k) the employee ' s taxation, banking or superannuation affairs.

enactment
(Repealed by No 154 of 2020, s 3 and Sch 3 item 57(a), effective 17 June 2021. For application provisions, see note under s 6(5) .)

enforcement body
means:

(a) the Australian Federal Police; or

(aa) the National Anti-Corruption Commissioner; or

(ab) the Inspector of the National Anti-Corruption Commission; or

(b) the ACC; or

(ba) (Repealed by No 45 of 2016)

(c) Sport Integrity Australia; or

(ca) the Immigration Department; or

(d) the Australian Prudential Regulation Authority; or

(e) the Australian Securities and Investments Commission; or

(ea) the Office of the Director of Public Prosecutions, or a similar body established under a law of a State or Territory; or

(f) another agency, to the extent that it is responsible for administering, or performing a function under, a law that imposes a penalty or sanction or a prescribed law; or

(g) another agency, to the extent that it is responsible for administering a law relating to the protection of the public revenue; or

(h) a police force or service of a State or a Territory; or

(i) the New South Wales Crime Commission; or

(j) the Independent Commission Against Corruption of New South Wales; or

(k) the Law Enforcement Conduct Commission of New South Wales; or

(ka) the Independent Broad-based Anti-corruption Commission of Victoria; or

(l) the Crime and Corruption Commission of Queensland; or

(la) the Corruption and Crime Commission of Western Australia; or

(lb) the Independent Commission Against Corruption of South Australia; or

(m) another prescribed authority or body that is established under a law of a State or Territory to conduct criminal investigations or inquiries; or

(n) a State or Territory authority, to the extent that it is responsible for administering, or performing a function under, a law that imposes a penalty or sanction or a prescribed law; or

(o) a State or Territory authority, to the extent that it is responsible for administering a law relating to the protection of the public revenue.

enforcement related activity
means:

(a) the prevention, detection, investigation, prosecution or punishment of:

(i) criminal offences; or

(ii) breaches of a law imposing a penalty or sanction; or

(b) the conduct of surveillance activities, intelligence gathering activities or monitoring activities; or

(c) the conduct of protective or custodial activities; or

(d) the enforcement of laws relating to the confiscation of the proceeds of crime; or

(e) the protection of the public revenue; or

(f) the prevention, detection, investigation or remedying of misconduct of a serious nature, or other conduct prescribed by the regulations; or

(g) the preparation for, or conduct of, proceedings before any court or tribunal, or the implementation of court/tribunal orders.

entity
means:

(a) an agency; or

(b) an organisation; or

(c) a small business operator.

Federal Circuit Court
(Repealed by No 13 of 2021, s 3 and Sch 2 item 697, effective 1 September 2021.)

Federal Court
means the Federal Court of Australia;

file number complaint
means a complaint about an act or practice that, if established, would be an interference with the privacy of an individual:

(a) because it breached a rule issued under section 17 ; or

(b) because it involved an unauthorised requirement or request for disclosure of a tax file number;

financial corporation
means a financial corporation within the meaning of paragraph 51(xx) of the Constitution;

financial hardship arrangement
has the meaning given by subsection 6QA(1) .

financial hardship information
has the meaning given by subsection 6QA(4) .

foreign corporation
means a foreign corporation within the meaning of paragraph 51(xx) of the Constitution;

former COVIDSafe user
(Repealed by No 44 of 2020, s 3 and Sch 2 item 2(g), effective 14 November 2022. For transitional provision, see note under Part VIIIA .)

Freedom of Information Act
means the Freedom of Information Act 1982 ;

generally available publication
means a magazine, book, article, newspaper or other publication that is, or will be, generally available to members of the public:

(a) whether or not it is published in print, electronically or in any other form; and

(b) whether or not it is available on the payment of a fee.

genetic relative
of an individual (the first individual ) means another individual who is related to the first individual by blood, including but not limited to a sibling, a parent or a descendant of the first individual.

government contract
means a Commonwealth contract or a State contract.

government related identifier
of an individual means an identifier of the individual that has been assigned by:

(a) an agency; or

(b) a State or Territory authority; or

(c) an agent of an agency, or a State or Territory authority, acting in its capacity as agent; or

(d) a contracted service provider for a Commonwealth contract, or a State contract, acting in its capacity as contracted service provider for that contract.

guarantee
includes an indemnity given against the default of a person in making a payment in relation to credit that has been applied for by, or provided to, the person.

guidance related functions
has the meaning given by subsection 28(1) .

healthcare identifier
has the meaning given by the Healthcare Identifiers Act 2010 .

healthcare identifier offence
means:

(a) an offence against section 26 of the Healthcare Identifiers Act 2010 ; or

(b) an offence against section 6 of the Crimes Act 1914 that relates to an offence mentioned in paragraph (a) of this definition.

Note:

For ancillary offences, see section 11.6 of the Criminal Code .

Health Department
(Repealed by No 44 of 2020, s 3 and Sch 2 item 2(h), effective 14 November 2022. For transitional provision, see note under Part VIIIA .)

health information
has the meaning given by section 6FA .

Health Minister
(Repealed by No 44 of 2020, s 3 and Sch 2 item 2(i), effective 14 November 2022. For transitional provision, see note under Part VIIIA .)

health service
has the meaning given by section 6FB .

hearing services
has the same meaning as in the Hearing Services Administration Act 1997 .

holds
: an entity holds personal information if the entity has possession or control of a record that contains the personal information.

Note:

See section 10 for when an agency is taken to hold a record.

identification information
about an individual means:

(a) the individual ' s full name; or

(b) an alias or previous name of the individual; or

(c) the individual ' s date of birth; or

(d) the individual ' s sex; or

(e) the individual ' s current or last known address, and 2 previous addresses (if any); or

(f) the name of the individual ' s current or last known employer; or

(g) if the individual holds a driver ' s licence - the individual ' s driver ' s licence number.

identifier
of an individual means a number, letter or symbol, or a combination of any or all of those things, that is used to identify the individual or to verify the identity of the individual, but does not include:

(a) the individual ' s name; or

(b) the individual ' s ABN (within the meaning of the A New Tax System (Australian Business Number) Act 1999 ); or

(c) anything else prescribed by the regulations.

Immigration Department
means the Department administered by the Minister administering the Migration Act 1958 .

in contact
(Repealed by No 44 of 2020, s 3 and Sch 2 item 2(j), effective 14 November 2022. For transitional provision, see note under Part VIIIA .)

individual
means a natural person;

individual concerned
(Repealed by No 197 of 2012)

Information Privacy Principle
(Repealed by No 197 of 2012)

information request
has the meaning given by section 6R .

Integrity Commissioner
(Repealed by No 89 of 2022, s 3 and Sch 1 item 153, effective 1 July 2023.)

intelligence agency
means:

(a) the Australian Security Intelligence Organisation;

(b) the Australian Secret Intelligence Service; or

(ba) the Australian Signals Directorate; or

(c) the Office of National Intelligence.

interested party
has the meaning given by subsections 20T(3) and 21V(3) .

interference with the privacy of an individual
has the meaning given by sections 13 to 13F .

IPP complaint
(Repealed by No 197 of 2012)

licensee
has the meaning given by the National Consumer Credit Protection Act 2009 .

loan
(Repealed by No 197 of 2012)

managing credit
does not include the act of collecting overdue payments in relation to credit.

media organisation
means an organisation whose activities consist of or include the collection, preparation for dissemination or dissemination of the following material for the purpose of making it available to the public:

(a) material having the character of news, current affairs, information or a documentary;

(b) material consisting of commentary or opinion on, or analysis of, news, current affairs, information or a documentary.

medical research
includes epidemiological research;

misconduct
includes fraud, negligence, default, breach of trust, breach of duty, breach of discipline or any other misconduct in the course of duty.

monitoring related functions
has the meaning given by subsections 28A(1) and (2) .

mortgage credit
means consumer credit:

(a) that is provided in connection with the acquisition, maintenance, renovation or improvement of real property; and

(b) in relation to which the real property is security.

mortgage insurance purpose
of a mortgage insurer in relation to an individual is the purpose of assessing:

(a) whether to provide insurance to, or the risk of providing insurance to, a credit provider in relation to mortgage credit:

(i) provided by the provider to the individual; or

(ii) for which an application to the provider has been made by the individual; or

(b) the risk of the individual defaulting on mortgage credit in relation to which the insurer has provided insurance to a credit provider; or

(c) the risk of the individual being unable to meet a liability that might arise under a guarantee provided, or proposed to be provided, in relation to mortgage credit provided by a credit provider to another person.

mortgage insurer
means an organisation, or small business operator, that carries on a business or undertaking that involves providing insurance to credit providers in relation to mortgage credit provided by providers to other persons.

National COVIDSafe Data Store
(Repealed by No 44 of 2020, s 3 and Sch 2 item 2(k), effective 14 November 2022. For transitional provision, see note under Part VIIIA .)

National Credit Code
has the same meaning as in the National Consumer Credit Protection Act 2009 .

national emergency declaration
has the same meaning as in the National Emergency Declaration Act 2020 .

National Personal Insolvency Index
has the meaning given by the Bankruptcy Act.

National Privacy Principle
(Repealed by No 197 of 2012)

new arrangement information
has the meaning given by section 6S .

nominated AGHS company
(Repealed by No 92 of 2017, s 3 and Sch 3 item 7.)

non-participating credit provider
means a credit provider to which all of the following apply:

(a) the credit provider has not disclosed credit reporting information or credit eligibility information about an individual to a credit reporting body or another credit provider;

(b) the credit provider is not likely to disclose credit reporting information or credit eligibility information about an individual to a credit reporting body or another credit provider;

(c) the credit provider has not collected credit reporting information or credit eligibility information about an individual from a credit reporting body or another credit provider.

non-profit organisation
means an organisation:

(a) that is a non-profit organisation; and

(b) that engages in activities for cultural, recreational, political, religious, philosophical, professional, trade or trade union purposes.

Norfolk Island agency
(Repealed by No 154 of 2020, s 3 and Sch 3 item 57(b), effective 17 June 2021. For application provisions, see note under s 6(5) .)

Norfolk Island enactment
(Repealed by No 154 of 2020, s 3 and Sch 3 item 57(c), effective 17 June 2021. For application provisions, see note under s 6(5) .)

Norfolk Island Justice Minister
(Repealed by No 59 of 2015)

Norfolk Island Minister
(Repealed by No 59 of 2015)

NPP complaint
(Repealed by No 197 of 2012)

offence against this Act
includes an offence against section 6 of the Crimes Act 1914 , or section 11.1 , 11.2 , 11.2A , 11.4 or 11.5 of the Criminal Code , that relates to an offence against this Act.

Ombudsman
means the Commonwealth Ombudsman;

organisation
has the meaning given by section 6C .

overseas recipient
, in relation to personal information, has the meaning given by Australian Privacy Principle 8.1.

payment information
has the meaning given by section 6T .

penalty unit
has the meaning given by section 4AA of the Crimes Act 1914 .

pending correction request
in relation to credit information or CRB derived information means:

(a) a request made under subsection 20T(1) in relation to the information if a notice has not been given under subsection 20U(2) or (3) in relation to the request; or

(b) a request made under subsection 21V(1) in relation to the information if:

(i) the credit reporting body referred to in subsection 20V(3) has been consulted about the request under subsection 21V(3) ; and

(ii) a notice has not been given under subsection 21W(2) or (3) in relation to the request.

pending dispute
in relation to credit information or CRB derived information means:

(a) a complaint made under section 23A that relates to the information if a decision about the complaint has not been made under subsection 23B(4) ; or

(b) a matter that relates to the information and that is still being dealt with by a recognised external dispute resolution scheme; or

(c) a complaint made to the Commissioner under Part V that relates to the information and that is still being dealt with.

permitted CP disclosure
has the meaning given by sections 21J to 21N .

permitted CP use
has the meaning given by section 21H .

permitted CRB disclosure
has the meaning given by section 20F .

permitted general situation
has the meaning given by section 16A .

permitted health situation
has the meaning given by section 16B .

personal information
means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in a material form or not.

Note:

Section 187LA of the Telecommunications (Interception and Access) Act 1979 extends the meaning of personal information to cover information kept under Part 5-1A of that Act.

personal insolvency information
has the meaning given by section 6U .

pre-screening assessment
means an assessment made under paragraph 20G(2)(d) .

principal executive
, of an agency, has a meaning affected by section 37 .

privacy code
(Repealed by No 197 of 2012)

purchase
, in relation to credit, includes the purchase of rights to receive payments relating to the credit.

recognised external dispute resolution scheme
means an external dispute resolution scheme recognised under section 35A .

record
includes:

(a) a document; or

(b) an electronic or other device;

(c) (Repealed by No 197 of 2012)

but does not include:

(d) a generally available publication; or

(e) anything kept in a library, art gallery or museum for the purposes of reference, study or exhibition; or

(f) Commonwealth records as defined by subsection 3(1) of the Archives Act 1983 that are in the open access period for the purposes of that Act; or

(fa) records (as defined in the Archives Act 1983 ) in the care (as defined in that Act) of the National Archives of Australia in relation to which the Archives has entered into arrangements with a person other than a Commonwealth institution (as defined in that Act) providing for the extent to which the Archives or other persons are to have access to the records; or

(g) documents placed by or on behalf of a person (other than an agency) in the memorial collection within the meaning of the Australian War Memorial Act 1980 ; or

(h) letters or other articles in the course of transmission by post;

Note:

For document , see section 2B of the Acts Interpretation Act 1901 .

registered APP code
has the meaning given by section 26B .

registered CR code
has the meaning given by section 26M .

registered political party
means a political party registered under Part XI of the Commonwealth Electoral Act 1918 .

registration data
(Repealed by No 44 of 2020, s 3 and Sch 2 item 2(l), effective 14 November 2022. For transitional provision, see note under Part VIIIA .)

regulated information
of an affected information recipient means:

(a) if the recipient is a mortgage insurer or trade insurer - personal information disclosed to the recipient under Division 2 or 3 of Part IIIA ; or

(b) if the recipient is a body corporate referred to in paragraph 21G(3)(b) - credit eligibility information disclosed to the recipient under that paragraph; or

(c) if the recipient is a person referred to in paragraph 21G(3)(c) - credit eligibility information disclosed to the recipient under that paragraph; or

(d) if the recipient is an entity or adviser referred to in paragraph 21N(2)(a) - credit eligibility information disclosed to the recipient under subsection 21N(2) .

Regulatory Powers Act
means the Regulatory Powers (Standard Provisions) Act 2014 .

related body corporate
: see subsection (8) .

repayment history information
has the meaning given by subsection 6V(1) .

reporting entity
has the same meaning as in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 .

representative complaint
means a complaint where the persons on whose behalf the complaint was made include persons other than the complainant, but does not include a complaint that the Commissioner has determined should no longer be continued as a representative complaint;

[ Commissioner ' s Note: Section 16(3) of Law and Justice Legislation Amendment Act 1993 Act No 13 of 1994 provides that amendments made by Act No 13 of 1994 relating to representative complaints do not apply to complaints lodged before the commencement of the amendment.]

residential property
has the meaning given by section 204 of the National Credit Code.

respondent
for a complaint made under section 23A means the credit reporting body or credit provider to which the complaint is made.

responsible person
has the meaning given by section 6AA .

retention period
has the meaning given by sections 20W and 20X .

Secretary
means an Agency Head within the meaning of the Public Service Act 1999 .

securitisation arrangement
means an arrangement:

(a) involving the funding, or proposed funding, of:

(i) credit that has been, or is to be, provided by a credit provider; or

(ii) the purchase of credit by a credit provider;

by issuing instruments or entitlements to investors; and

(b) under which payments to investors in respect of such instruments or entitlements are principally derived, directly or indirectly, from such credit;

securitisation related purpose
of a credit provider in relation to an individual is the purpose of:

(a) assessing the risk in purchasing, by means of a securitisation arrangement, credit that has been provided to, or applied for by:

(i) the individual; or

(ii) a person for whom the individual is, or is proposing to be, a guarantor; or

(b) assessing the risk in undertaking credit enhancement in relation to credit:

(i) that is, or is proposed to be, purchased or funded by means of a securitisation arrangement; and

(ii) that has been provided to, or applied for by, the individual or a person for whom the individual is, or is proposing to be, a guarantor.

sensitive information
means:

(a) information or an opinion about an individual ' s:

(i) racial or ethnic origin; or

(ii) political opinions; or

(iii) membership of a political association; or

(iv) religious beliefs or affiliations; or

(v) philosophical beliefs; or

(vi) membership of a professional or trade association; or

(vii) membership of a trade union; or

(viii) sexual orientation or practices; or

(ix) criminal record;

that is also personal information; or

(b) health information about an individual; or

(c) genetic information about an individual that is not otherwise health information; or

(d) biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or

(e) biometric templates.

serious credit infringement
means:

(a) an act done by an individual that involves fraudulently obtaining consumer credit, or attempting fraudulently to obtain consumer credit; or

(b) an act done by an individual that involves fraudulently evading the individual ' s obligations in relation to consumer credit, or attempting fraudulently to evade those obligations; or

(c) an act done by an individual if:

(i) a reasonable person would consider that the act indicates an intention, on the part of the individual, to no longer comply with the individual ' s obligations in relation to consumer credit provided by a credit provider; and

(ii) the provider has, after taking such steps as are reasonable in the circumstances, been unable to contact the individual about the act; and

(iii) at least 6 months have passed since the provider last had contact with the individual.

small business
has the meaning given by section 6D .

small business operator
has the meaning given by section 6D .

solicit
(Repealed by No 197 of 2012)

solicits
: an entity solicits personal information if the entity requests another entity to provide the personal information, or to provide a kind of information in which that personal information is included.

staff of the Ombudsman
means the persons appointed or employed for the purposes of section 31 of the Ombudsman Act 1976 ;

State
includes the Australian Capital Territory and the Northern Territory;

State contract
means a contract, to which a State or Territory or State or Territory authority is or was a party, under which services are to be, or were to be, provided to a State or Territory authority.

Note: See also subsection (9) about provision of services to a State or Territory authority.

State or Territory authority
has the meaning given by section 6C .

State or Territory health authority
(Repealed by No 44 of 2020, s 3 and Sch 2 item 2(m), effective 14 November 2022. For transitional provision, see note under Part VIIIA .)

State or Territory privacy authority
(Repealed by No 44 of 2020, s 3 and Sch 2 item 2(n), effective 14 November 2022. For transitional provision, see note under Part VIIIA .)

subcontractor
, for a government contract, means an organisation:

(a) that is or was a party to a contract (the subcontract ):

(i) with a contracted service provider for the government contract (within the meaning of paragraph (a) of the definition of contracted service provider ); or

(ii) with a subcontractor for the government contract (under a previous application of this definition); and

(b) that is or was responsible under the subcontract for the provision of services to an agency or a State or Territory authority, or to a contracted service provider for the government contract, for the purposes (whether direct or indirect) of the government contract.

tax file number
means a tax file number as defined in Part VA of the Income Tax Assessment Act 1936 ;

tax file number information
means information, whether compiled lawfully or unlawfully, and whether recorded in a material form or not, that records the tax file number of a person in a manner connecting it with the person ' s identity;

temporary public interest determination
means a determination made under section 80A .

trade insurance purpose
of a trade insurer in relation to an individual is the purpose of assessing:

(a) whether to provide insurance to, or the risk of providing insurance to, a credit provider in relation to commercial credit provided by the provider to the individual or another person; or

(b) the risk of a person defaulting on commercial credit in relation to which the insurer has provided insurance to a credit provider.

trade insurer
means an organisation, or small business operator, that carries on a business or undertaking that involves providing insurance to credit providers in relation to commercial credit provided by providers to other persons.

trading corporation
means a trading corporation within the meaning of paragraph 51(xx) of the Constitution;

use
(Repealed by No 197 of 2012)

6(1A)    

In order to avoid doubt, it is declared that an ACT enactment is not a Commonwealth law for the purposes of this Act.

6(2)    
(Repealed by No 197 of 2012)

6(3)    

For the purposes of this Act, an act or practice breaches a rule issued under section 17 if, and only if, it is contrary to, or inconsistent with, the rule.

6(3A)    
(Repealed by No 197 of 2012)

6(4)    
The definition of individual in subsection (1) shall not be taken to imply that references to persons do not include persons other than natural persons.

6(5)    
For the purposes of this Act, a person shall not be taken to be an agency merely because the person is the holder of, or performs the duties of:

(a)    a prescribed office; or

(b)    an office prescribed by regulations made for the purposes of subparagraph 4(3)(b)(i) of the Freedom of Information Act 1982 ; or

(c)    

an office established by or under a Commonwealth law, or a law of a State or Territory that applies in an external Territory, for the purposes of an agency;

(ca) (Repealed by No 154 of 2020)

(d)    a judicial office or of an office of magistrate; or

(e)    

an office of a member of a tribunal:

(i) that is established by or under a Commonwealth law, or a law of a State or Territory that applies in an external Territory; and

(ii) that is prescribed by the regulations for the purposes of this subparagraph.

(f) (Repealed by No 154 of 2020)

6(5A)    

The Minister may, by legislative instrument, exempt a body, office or appointment for the purposes of paragraph (ca) or (ea) of the definition of agency in subsection (1) .

6(5D)    
(Repealed by No 197 of 2012)

6(6)    

For the purposes of this Act, the Defence Department shall be taken to include the Defence Force.

6(7)    
Nothing in this Act prevents a complaint from:

(a)    

being both a file number complaint and an APP complaint; or

(b)    being both a file number complaint and a credit reporting complaint; or

(c)    

being both a file number complaint and a code complaint; or

(d)    

(Repealed by No 197 of 2012)

(e)    

being both a code complaint and a credit reporting complaint; or

(f)    

being both an APP complaint and a credit reporting complaint; or

(g)    

being both an APP complaint and a code complaint.

6(8)    

For the purposes of this Act, the question whether bodies corporate are related to each other is determined in the manner in which that question is determined under the Corporations Act 2001 .

6(9)    

To avoid doubt, for the purposes of this Act, services provided to an agency or a State or Territory authority include services that consist of the provision of services to other persons in connection with the performance of the functions of the agency or State or Territory authority.

6(10)    

For the purposes of this Act, a reference to family in the definition of consumer credit in subsection 6(1) , and in sections 6D and 16 , in relation to any individual is taken to include the following (without limitation):

(a)    

a de facto partner of the individual;

(b)    someone who is the child of the person, or of whom the person is the child, because of the definition of child in subsection (11) ;

(c)    anyone else who would be a member of the individual ' s family if someone mentioned in paragraph (a) or (b) is taken to be a member of the individual ' s family.

6(10A)    
For the purposes of this Act, the Supreme Court of Norfolk Island is taken not to be a federal court.

6(11)    

In this section:

child :
without limiting who is a child of a person for the purposes of subsection (10) , someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .