Privacy Act 1988
View history note
Hide history noteFor the purposes of this Act, an act or practice breaches a registered APP code if, and only if, it is contrary to, or inconsistent with, the code.
An act or practice does not breach a registered APP code if:
(a) the act is done, or the practice is engaged in:
(i) by an organisation that is a contracted service provider for a Commonwealth contract (whether or not the organisation is a party to the contract); and
(ii) for the purposes of meeting (directly or indirectly) an obligation under the contract; and
(b) the act or practice is authorised by a provision of the contract that is inconsistent with the code.
[
CCH Note:
Sch 1 of No 155 of 2000, effective 21 December 2001, contains the following application provision:
37 Application
]
37
Under subsection 6A(2) or 6B(2) of the
Privacy Act 1988
(as amended by this Schedule), a Commonwealth contract may prevent an act or practice from being a breach of a National Privacy Principle or an approved privacy code (as appropriate) regardless of whether the contract was made before or after the commencement of that subsection.
An act or practice does not breach a registered APP code if the act or practice involves the disclosure by an organisation of personal information in a record (as defined in the Archives Act 1983 ) solely for the purposes of enabling the National Archives of Australia to decide whether to accept, or to arrange, care (as defined in that Act) of the record.
An act or practice does not breach a registered APP code if:
(a) the act is done, or the practice is engaged in, outside Australia and the external Territories; and
(b) the act or practice is required by an applicable law of a foreign country.
Subsections (2), (3) and (4) have effect despite subsection (1).
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
