Privacy Act 1988

PART II - INTERPRETATION  

Division 3 - Other matters  

SECTION 7   ACTS AND PRACTICES OF AGENCIES, ORGANISATIONS ETC.  

7(1)    
Except so far as the contrary intention appears, a reference in this Act (other than section 8 ) to an act or to a practice is a reference to:

(a)    

an act done, or a practice engaged in, as the case may be, by an agency (other than an eligible hearing service provider), a file number recipient, a credit reporting body or a credit provider other than:

(i) an agency specified in any of the following provisions of the Freedom of Information Act 1982 :

(A) Schedule 1 ;

(B) Division 1 of Part I of Schedule 2 ;

(C) Division 1 of Part II of Schedule 2 ; or

(ii) a federal court; or

(iia) a court of Norfolk Island; or

(iii) a Minister; or

(iiiaa) (Repealed by No 59 of 2015)

(iiia) the National Anti-Corruption Commissioner; or

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

(iv) the ACC; or

(v) a Royal Commission; or

(vi) a Commission of inquiry; or

(b)    an act done, or a practice engaged in, as the case may be, by a federal court, or by an agency specified in Schedule 1 to the Freedom of Information Act 1982 , being an act done, or a practice engaged in, in respect of a matter of an administrative nature; or

(ba)    an act done, or a practice engaged in, as the case may be, by a court of Norfolk Island, being an act done, or a practice engaged in, in respect of a matter of an administrative nature; or

(c)    an act done, or a practice engaged in, as the case may be, by an agency specified in Division 1 of Part II of Schedule 2 to the Freedom of Information Act 1982 , other than an act done, or a practice engaged in, in relation to a record in relation to which the agency is exempt from the operation of that Act; or

(ca)    

an act done, or a practice engaged in, as the case may be, by a part of the Defence Department specified in Division 2 of Part I of Schedule 2 to the Freedom of Information Act 1982 , other than an act done, or a practice engaged in, in relation to the activities of that part of the Department; or

(cb)    

(Repealed by No 197 of 2012)

(cc)    

an act done, or a practice engaged in, as the case may be, by an eligible hearing service provider in connection with the provision of hearing services under an agreement made under Part 3 of the Hearing Services Administration Act 1997 ; or

(d)    

an act done, or a practice engaged in, as the case may be, by a Minister in relation to the affairs of an agency (other than an eligible hearing service provider), not being an act done, or a practice engaged in, in relation to an existing record; or

(e)    

an act done, or a practice engaged in, as the case may be, by a Minister in relation to a record that is in the Minister ' s possession in his or her capacity as a Minister and relates to the affairs of an agency (other than an eligible hearing service provider); or

(eaa) - (eab) (Repealed by No 59 of 2015)

(ea) - (eb) (Repealed by No 197 of 2012)

(ec)    

an act done, or a practice engaged in, as the case may be, by a Minister in relation to the affairs of an eligible hearing service provider, being affairs in connection with the provision of hearing services under an agreement made under Part 3 of the Hearing Services Administration Act 1997 ; or

(ed)    

an act done, or a practice engaged in, as the case may be, by a Minister in relation to a record that is in the Minister ' s possession in his or her capacity as a Minister and relates to the affairs of an eligible hearing service provider, being affairs in connection with the provision of hearing services under an agreement made under Part 3 of the Hearing Services Administration Act 1997 ; or

(ee)    

an act done, or a practice engaged in, by an organisation, other than an exempt act or exempt practice (see sections 7B and 7C );

but does not include a reference to an act done, or a practice engaged in, in relation to a record that has originated with, or has been received from:

(f)    an intelligence agency;

(g)    

the Defence Intelligence Organisation or the Australian Geospatial-Intelligence Organisation; or

(ga)    

the National Anti-Corruption Commissioner or another staff member of the NACC (within the meaning of the National Anti-Corruption Commission Act 2022 ); or

(gb)    

the Inspector of the National Anti-Corruption Commission or a person assisting the Inspector (within the meaning of the National Anti-Corruption Commission Act 2022 ); or

(h)    

the ACC or the Board of the ACC.

7(1A)    
Despite subsections (1) and (2) , a reference in this Act (other than section 8 ) to an act or to a practice does not include a reference to the act or practice so far as it involves the disclosure of personal information to:

(a)    the Australian Security Intelligence Organisation; or

(b)    the Australian Secret Intelligence Service; or

(c)    

the Australian Signals Directorate.

7(1B)    

Despite subsections (1) and (2) , a reference in this Act (other than section 8 ) to an act or to a practice does not include a reference to the act or practice by an agency with an intelligence role or function (within the meaning of the Office of National Intelligence Act 2018 ) so far as it involves the disclosure of personal information to the Office of National Intelligence.

7(2)    

Except so far as the contrary intention appears, a reference in this Act (other than section 8) to an act or to a practice includes, in the application of this Act otherwise than in respect of the Australian Privacy Principles, a registered APP code and the performance of the Commissioner ' s functions in relation to the principles and such a code, a reference to an act done, or a practice engaged in, as the case may be, by an agency specified in Part I of Schedule 2 to the Freedom of Information Act 1982 or in Division 1 of Part II of that Schedule other than:

(a)    an intelligence agency;

(b)    

the Defence Intelligence Organisation or the Australian Geospatial-Intelligence Organisation; or

(c)    

the ACC or the Board of the ACC.

7(3)    
Except so far as the contrary intention appears, a reference in this Act to doing an act includes a reference to:

(a)    doing an act in accordance with a practice; or

(b)    refusing or failing to do an act.

7(3A)    
(Repealed by No 197 of 2012)

7(4)    

For the purposes of section 28 , of paragraphs 28A(2)(a) to (e) , of subsection 31(2) and of Part VI , this section has effect as if a reference in subsection (1) of this section to an act done, or to a practice engaged in, included a reference to an act that is proposed to be done, or to a practice that is proposed to be engaged in, as the case may be.