Privacy Amendment (Enhancing Privacy Protection) Act 2012 (197 of 2012)

Schedule 4   Other amendments of the Privacy Act 1988

2   Subsections 5B(1) and (1A)

Repeal the subsections, substitute:

Agencies

(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

(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).