Privacy Act 1988

PART II - INTERPRETATION  

Division 1 - General definitions  

SECTION 6E   SMALL BUSINESS OPERATOR TREATED AS ORGANISATION  

6E(1A)   Small business operator that is a reporting entity.  

If a small business operator is a reporting entity or an authorised agent of a reporting entity because of anything done in the course of a small business carried on by the small business operator, this Act applies, with the prescribed modifications (if any), in relation to the activities carried on by the small business operator for the purposes of, or in connection with, activities relating to:

(a) the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 ; or

(b) regulations or AML/CTF Rules under that Act;

as if the small business operator were an organisation.

Note:

The regulations may prescribe different modifications of the Act for different small business operators. See subsection 33(3A) of the Acts Interpretation Act 1901 .

6E(1B)   Small business operator that is a protected action ballot agent under the Fair Work Act 2009 .  

If a small business operator is the protected action ballot agent for a protected action ballot conducted under Part 3-3 of the Fair Work Act 2009 , this Act applies, with the prescribed modifications (if any), in relation to the activities carried on by the small business operator for the purpose of, or in connection with, the conduct of the protected action ballot, as if the small business operator were an organisation.

Note:

The regulations may prescribe different modifications of the Act for different small business operators. See subsection 33(3A) of the Acts Interpretation Act 1901 .

6E(1C)   Small business operator that is an association of employees that is registered or recognised under the Fair Work (Registered Organisations) Act 2009 .  

If a small business operator is an association of employees that is registered or recognised under the Fair Work (Registered Organisations) Act 2009 , this Act applies, with the prescribed modifications (if any), in relation to the activities carried on by the small business operator, as if the small business operator were an organisation (within the meaning of this Act).

Note:

The regulations may prescribe different modifications of the Act for different small business operators. See subsection 33(3A) of the Acts Interpretation Act 1901 .

Small business operator that is accredited for the consumer data right regime

6E(1D)    

If a small business operator holds an accreditation under subsection 56CA(1) of the Competition and Consumer Act 2010 , this Act applies, with the prescribed modifications (if any), in relation to information that:

(a) is personal information; but

(b) is not CDR data (within the meaning of that Act);

as if the small business operator were an organisation.

Note: The regulations may prescribe different modifications of the Act for different small business operators. See subsection 33(3A) of the Acts Interpretation Act 1901 .

6E(1)   Regulations treating a small business operator as an organisation.  

This Act applies, with the prescribed modifications (if any), in relation to a small business operator prescribed for the purposes of this subsection as if the small business operator were an organisation.

Note 1: The regulations may prescribe different modifications of the Act for different small business operators. See subsection 33(3A) of the Acts Interpretation Act 1901 .

Note 2: Regulations may prescribe a small business operator by reference to one or more classes of small business operator. See subsection 13(3) of the Legislation Act 2003 .

6E(2)   Regulations treating a small business operator as an organisation for particular acts or practices.  

This Act also applies, with the prescribed modifications (if any), in relation to the prescribed acts or practices of a small business operator prescribed for the purposes of this subsection as if the small business operator were an organisation.

Note 1: The regulations may prescribe different modifications of the Act for different acts, practices or small business operators. See subsection 33(3A) of the Acts Interpretation Act 1901 .

Note 2: Regulations may prescribe an act, practice or small business operator by reference to one or more classes of acts, practices or small business operators. See subsection 13(3) of the Legislation Act 2003 .

Definition

6E(3)    

In this section:

modifications
(Repealed by No 46 of 2011)

protected action ballot agent
means a person (other than the Australian Electoral Commission) that conducts a protected action ballot under Part 3-3 of the Fair Work Act 2009 .

6E(4)   Making regulations.  

Before the Governor-General makes regulations prescribing a small business operator, act or practice for the purposes of subsection (1) or (2), the Minister must:

(a) be satisfied that it is desirable in the public interest to regulate under this Act the small business operator, act or practice; and

(b) consult the Commissioner about the desirability of regulating under this Act the matters described in paragraph (a).