Privacy Act 1988 (Cth)

Privacy Act 1988

No. 119, 1988

Compilation No. 103

Compilation date: 10 June 2025

Includes amendments: Act No. 128, 2024

About this compilation

This compilation

This is a compilation of the Privacy Act 1988 that shows the text of the law as amended and in force on 10 June 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to make provision to protect the privacy of individuals, and for related purposes

WHEREAS Australia is a party to the International Covenant on Civil and Political Rights, the English text of which is set out in Schedule 2 to the Australian Human Rights Commission Act 1986:

AND WHEREAS, by that Covenant, Australia has undertaken to adopt such legislative measures as may be necessary to give effect to the right of persons not to be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence:

AND WHEREAS Australia is a member of the Organisation for Economic Co‑operation and Development:

AND WHEREAS the Council of that Organisation has recommended that member countries take into account in their domestic legislation the principles concerning the protection of privacy and individual liberties set forth in Guidelines annexed to the recommendation:

AND WHEREAS Australia has informed that Organisation that it will participate in the recommendation concerning those Guidelines:

BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Part IPreliminary1Short title

This Act may be cited as the Privacy Act 1988.

2Commencement

This Act commences on a day to be fixed by Proclamation.

2AObjects of this Act

(1)
The objects of this Act are:
1. (a)
  to promote the protection of the privacy of individuals with respect to their personal information; and
2. (aa)
  to recognise the public interest in protecting privacy; and
3. (b)
  to recognise that the protection of the privacy of individuals is balanced with the interests of entities in carrying out their functions or activities; and
4. (c)
  to provide the basis for nationally consistent regulation of privacy and the handling of personal information; and
5. (d)
  to promote responsible and transparent handling of personal information by entities; and
6. (e)
  to facilitate an efficient credit reporting system while ensuring that the privacy of individuals is respected; and
7. (f)
  to facilitate the free flow of information across national borders while ensuring that the privacy of individuals is respected; and
8. (g)
  to provide a means for individuals to complain about an alleged interference with their privacy; and
9. (h)
  to implement Australia’s international obligations in relation to privacy.
(2)
This section does not apply to Schedule 2.
Note: See also clause 1 of Schedule 2 (objects).

3Saving of certain State and Territory laws

(1)
It is the intention of the Parliament that this Act is not to affect the operation of a law of a State or of a Territory that makes provision with respect to the collection, holding, use, correction or disclosure of personal information (including such a law relating to credit reporting or the use of information held in connection with credit reporting) and is capable of operating concurrently with this Act.
Note: Such a law can have effect for the purposes of the provisions of the Australian Privacy Principles that regulate the handling of personal information by organisations by reference to the effect of other laws.
(2)
This section does not apply to Schedule 2.
Note: See also clause 21 of Schedule 2 (saving of other laws).

3AApplication of the Criminal Code

Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

4Act to bind the Crown

(1)
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
(2)
Nothing in this Act renders the Crown in right of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory liable to be prosecuted for an offence.
(3)
Nothing in this Act shall be taken to have the effect of making the Crown in right of a State, of the Australian Capital Territory or of the Northern Territory an agency for the purposes of this Act.

5AExtension to external Territories

(1)
This Act extends to all external Territories.
(2)
This section does not apply to Schedule 2.

5BExtra‑territorial operation of Act

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).
Australian link
(2)
An organisation or small business operator has an Australian link if the organisation or operator is:
(a)
an Australian citizen; or
(b)
a person whose continued presence in Australia is not subject to a limitation as to time imposed by law; or
(c)
a partnership formed in Australia or an external Territory; or
(d)
a trust created in Australia or an external Territory; or
(e)
a body corporate incorporated in Australia or an external Territory; or
(f)
an unincorporated association that has its central management and control in Australia or an external Territory.
(3)
An organisation or small business operator also has an Australian link if all of the following apply:
(a)
the organisation or operator is not described in subsection (2);
(b)
the organisation or operator carries on business in Australia or an external Territory.
Power to deal with complaints about overseas acts and practices
(4)
Part V of this Act has extra‑territorial operation so far as that Part relates to complaints and investigation concerning acts and practices to which this Act extends because of subsection (1) or (1A).
Note: This lets the Commissioner take action overseas to investigate complaints and lets the ancillary provisions of Part V operate in that context.
Application
(5)
This section does not apply to Schedule 2.

Part IIInterpretationDivision 1General definitions6Interpretation

(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:
1. (a)
  a mortgage insurer; or
2. (b)
  a trade insurer; or
3. (c)
  a body corporate referred to in paragraph 21G(3)(b); or
4. (d)
  a person referred to in paragraph 21G(3)(c); or
5. (e)
  an entity or adviser referred to in paragraph 21N(2)(a).
agency means:
1. (a)
  a Minister; or
2. (b)
  a Department; or
3. (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:
  1. (i)
    an incorporated company, society or association; or
  2. (ii)
    an organisation that is registered under the Fair Work (Registered Organisations) Act 2009 or a branch of such an organisation; or
4. (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 forcein an external Territory, other than a body exempted by the Minister under subsection (5A); or
5. (d)
  a body established or appointed by the Governor‑General, or by a Minister, otherwise than by or under a Commonwealth law; or
6. (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
7. (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 appointmentexempted by the Minister under subsection (5A); or
8. (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
9. (g)
  a federal court; or
10. (h)
  the Australian Federal Police; or
11. (ha)
  a court of Norfolk Island; or
12. (k)
  an eligible hearing service provider; or
13. (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:
1. (a)
  an APP entity; or
2. (b)
  a group of APP entities; or
3. (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.
at risk from an eligible data breach has the meaning given by section 26WE.
Australian law means:
1. (a)
  an Act of the Commonwealth or of a State or Territory; or
2. (b)
  regulations, or any other instrument, made under such an Act; or
3. (c)
  any other law in force in the Jervis Bay Territory or an external Territory; or
4. (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:
1. (a)
  the Reserve Bank of Australia; or
2. (b)
  a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959; or
3. (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:
1. (a)
  in relation to an Australian Privacy Principle, has the meaning given by section 6A; and
2. (b)
  in relation to a registered APP code, has the meaning given by section 6B; and
3. (c)
  in relation to the registered CR code, has the meaning given by section 6BA.
child means an individual who has not reached 18 years.
Children’s Online Privacy Code: see section 26GC.
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.
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.
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:
1. (a)
  assessing an application for commercial credit made by the person to the provider; or
2. (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:
1. (a)
  the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); or
2. (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 law means the following:
1. (a)
  an Act other than:
  1. (i)
    the Northern Territory (Self‑Government) Act 1978; or
  2. (ii)
    an Act providing for the administration or government of an external Territory; or
  3. (iii)
    the Australian Capital Territory (Self‑Government) Act 1988;
2. (b)
  an Ordinance of the Australian Capital Territory or of an external Territory;
3. (c)
  a law continued in force by section 16 or 16A of the Norfolk Island Act 1979;
4. (d)
  an instrument (including rules, regulations or by‑laws) made under:
  1. (i)
    an Act to which paragraph (a) applies; or
  2. (ii)
    an Ordinance to which paragraph (b) applies; or
  3. (iii)
    a law to which paragraph (c) applies;
5. (e)
  any other legislation that applies as a law of the Commonwealth, other than legislation in so far as it is applied:
  1. (i)
    by an Act referred to in subparagraph (a)(i) or (ii); or
  2. (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:
1. (a)
  a person appointed or engaged under the Public Service Act 1999;
2. (b)
  a person (other than a person referred to in paragraph (a)) permanently or temporarily employed by, or in the service of, an agency;
3. (c)
  a member of the Defence Force; and
4. (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.
consent means express consent or implied consent.
consumer credit means credit:
1. (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
2. (b)
  that is intended to be used wholly or primarily:
  1. (i)
    for personal, family or household purposes; or
  2. (ii)
    to acquire, maintain, renovate or improve residential property for investment purposes; or
  3. (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:
1. (a)
  the name of the provider;
2. (b)
  whether the provider is a licensee;
3. (c)
  the type of consumer credit;
4. (d)
  the day on which the consumer credit is entered into;
5. (e)
  the terms or conditions of the consumer credit:
  1. (i)
    that relate to the repayment of the amount of credit; and
  2. (ii)
    that are prescribed by the regulations;
6. (f)
  the maximum amount of credit available under the consumer credit;
7. (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:
1. (a)
  assessing an application for consumer credit made by the individual to the provider; or
2. (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.
contracted service provider, for a government contract, means:
1. (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
2. (b)
  a subcontractor for the government contract.
corporation means a body corporate that:
1. (a)
  is a foreign corporation;
2. (b)
  is a trading corporation formed within the limits of Australia or is a financial corporation so formed; or
3. (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:
1. (a)
  that is made, or given, against the individual in proceedings (other than criminal proceedings); and
2. (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:
1. (a)
  a court; or
2. (b)
  a tribunal; or
3. (c)
  a judge (including a judge acting in a personal capacity) or a person acting as a judge; or
4. (d)
  a magistrate (including a magistrate acting in a personal capacity) or a person acting as a magistrate; or
5. (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.
CP derived information about an individual means any personal information (other than sensitive information) about the individual:
1. (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
2. (b)
  that has any bearing on the individual’s credit worthiness; and
3. (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:
1. (a)
  that is derived by a credit reporting body from credit information about the individual that is held by the body; and
2. (b)
  that has any bearing on the individual’s credit worthiness; and

1. (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:
1. (a)
  an entity that is subject to Part IIIA; or
2. (b)
  a group of entities that are subject to Part IIIA; or
3. (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:
1. (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
2. (b)
  CP derived information about the individual.
credit enhancement, in relation to credit, means:
1. (a)
  the process of insuring risk associated with purchasing or funding the credit by means of a securitisation arrangement; or
2. (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:
1. (a)
  credit provided by the provider to a person other than the individual; or
2. (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 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 reporting body means:
1. (a)
  an organisation; or
2. (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:
1. (a)
  it breached the registered CR code; or
2. (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 worthiness of an individual means the individual’s:
1. (a)
  eligibility to be provided with consumer credit; or
2. (b)
  history in relation to consumer credit; or
3. (c)
  capacity to repay an amount of credit that relates to consumer credit.
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 data breach has the meaning given by Division 2 of Part IIIC.
eligible data breach declaration means a declaration under subsection 26X(1).
eligible hearing service provider means an entity (within the meaning of the Hearing Services Administration Act 1997):
1. (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
2. (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:
1. (a)
  the engagement, training, disciplining or resignation of the employee;
2. (b)
  the termination of the employment of the employee;
3. (c)
  the terms and conditions of employment of the employee;
4. (d)
  the employee’s personal and emergency contact details;
5. (e)
  the employee’s performance or conduct;
6. (f)
  the employee’s hours of employment;
7. (g)
  the employee’s salary or wages;
8. (h)
  the employee’s membership of a professional or trade association;
9. (i)
  the employee’s trade union membership;
10. (j)
  the employee’s recreation, long service, sick, personal, maternity, paternity or other leave;
11. (k)
  the employee’s taxation, banking or superannuation affairs.
enforcement body means:
1. (a)
  the Australian Federal Police; or
2. (aa)
  the National Anti‑Corruption Commissioner; or
3. (ab)
  the Inspector of the National Anti‑Corruption Commission; or
4. (b)
  the ACC; or
5. (c)
  Sport Integrity Australia; or
6. (ca)
  the Immigration Department; or
7. (d)
  the Australian Prudential Regulation Authority; or
8. (e)
  the Australian Securities and Investments Commission; or
9. (ea)
  the Office of the Director of Public Prosecutions, or a similar body established under a law of a State or Territory; or
10. (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
11. (g)
  another agency, to the extent that it is responsible for administering a law relating to the protection of the public revenue; or
12. (h)
  a police force or service of a State or a Territory; or
13. (i)
  the New South Wales Crime Commission; or
14. (j)
  the Independent Commission Against Corruption of New South Wales; or
15. (k)
  the Law Enforcement Conduct Commission of New South Wales; or
16. (ka)
  the Independent Broad‑based Anti‑corruption Commission of Victoria; or
17. (l)
  the Crime and Corruption Commission of Queensland; or
18. (la)
  the Corruption and Crime Commission of Western Australia; or
19. (lb)
  the Independent Commission Against Corruption of South Australia; or
20. (m)
  another prescribed authority or body that is established under a law of a State or Territory to conduct criminal investigations or inquiries; or
21. (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
22. (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:
1. (a)
  the prevention, detection, investigation, prosecution or punishment of:
  1. (i)
    criminal offences; or
  2. (ii)
    breaches of a law imposing a penalty or sanction; or
2. (b)
  the conduct of surveillance activities, intelligence gathering activities or monitoring activities; or
3. (c)
  the conduct of protective or custodial activities; or
4. (d)
  the enforcement of laws relating to the confiscation of the proceeds of crime; or
5. (e)
  the protection of the public revenue; or
6. (f)
  the prevention, detection, investigation or remedying of misconduct of a serious nature, or other conduct prescribed by the regulations; or
7. (g)
  the preparation for, or conduct of, proceedings before any court or tribunal, or the implementation of court/tribunal orders.
entity means:
1. (a)
  an agency; or
2. (b)
  an organisation; or
3. (c)
  a small business operator.
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:
1. (a)
  because it breached a rule issued under section 17; or
2. (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.
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:
1. (a)
  whether or not it is published in print, electronically or in any other form; and
2. (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:
1. (a)
  an agency; or
2. (b)
  a State or Territory authority; or
3. (c)
  an agent of an agency, or a State or Territory authority, acting in its capacity as agent; or
4. (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:
1. (a)
  an offence against section 26 of the Healthcare Identifiers Act 2010; or
2. (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 information has the meaning given by section 6FA.
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:
1. (a)
  the individual’s full name; or
2. (b)
  an alias or previous name of the individual; or
3. (c)
  the individual’s date of birth; or
4. (d)
  the individual’s sex; or
5. (e)
  the individual’s current or last known address, and 2 previous addresses (if any); or
6. (f)
  the name of the individual’s current or last known employer; or
7. (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:
1. (a)
  the individual’s name; or
2. (b)
  the individual’s ABN (within the meaning of the A New Tax System (Australian Business Number) Act 1999); or
3. (c)
  anything else prescribed by the regulations.
Immigration Department means the Department administered by the Minister administering the Migration Act 1958.
individual means a natural person.
information request has the meaning given by section 6R.
intelligence agency means:
1. (a)
  the Australian Security Intelligence Organisation;
2. (b)
  the Australian Secret Intelligence Service; or
3. (ba)
  the Australian Signals Directorate; or
4. (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.
licensee has the meaning given by the National Consumer Credit Protection Act 2009.
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:
1. (a)
  material having the character of news, current affairs, information or a documentary;
2. (b)
  material consisting of commentary or opinion on, or analysis of, news, current affairs, information or a documentary.
medical research includes epidemiological research.
member of the staff of the Commissioner means a person referred to in section 23 of the Australian Information Commissioner Act 2010.
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:
1. (a)
  that is provided in connection with the acquisition, maintenance, renovation or improvement of real property; and
2. (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:
1. (a)
  whether to provide insurance to, or the risk of providing insurance to, a credit provider in relation to mortgage credit:
  1. (i)
    provided by the provider to the individual; or
  2. (ii)
    for which an application to the provider has been made by the individual; or
2. (b)
  the risk of the individual defaulting on mortgage credit in relation to which the insurer has provided insurance to a credit provider; or
3. (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 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.
new arrangement information has the meaning given by section 6S.
non‑participating credit provider means a credit provider to which all of the following apply:
1. (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;
2. (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;
3. (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:
1. (a)
  that is a non‑profit organisation; and
2. (b)
  that engages in activities for cultural, recreational, political, religious, philosophical, professional, trade or trade union purposes.
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:
1. (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
2. (b)
  a request made under subsection 21V(1) in relation to the information if:
  1. (i)
    the credit reporting body referred to in subsection 20V(3) has been consulted about the request under subsection 21V(3); and
  2. (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:
1. (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
2. (b)
  a matter that relates to the information and that is still being dealt with by a recognised external dispute resolution scheme; or
3. (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:
1. (a)
  whether the information or opinion is true or not; and
2. (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.
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:
1. (a)
  a document; or
2. (b)
  an electronic or other device;
but does not include:
1. (d)
  a generally available publication; or
2. (e)
  anything kept in a library, art gallery or museum for the purposes of reference, study or exhibition; or
3. (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
4. (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
5. (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
6. (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.
regulated information of an affected information recipient means:
1. (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
2. (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
3. (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
4. (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.
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:
1. (a)
  involving the funding, or proposed funding, of:
  1. (i)
    credit that has been, or is to be, provided by a credit provider; or
  2. (ii)
    the purchase of credit by a credit provider;
by issuing instruments or entitlements to investors; and
1. (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:
1. (a)
  assessing the risk in purchasing, by means of a securitisation arrangement, credit that has been provided to, or applied for by:
  1. (i)
    the individual; or
  2. (ii)
    a person for whom the individual is, or is proposing to be, a guarantor; or
2. (b)
  assessing the risk in undertaking credit enhancement in relation to credit:
  1. (i)
    that is, or is proposed to be, purchased or funded by means of a securitisation arrangement; and
  2. (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:
1. (a)
  information or an opinion about an individual’s:
  1. (i)
    racial or ethnic origin; or
  2. (ii)
    political opinions; or
  3. (iii)
    membership of a political association; or
  4. (iv)
    religious beliefs or affiliations; or
  5. (v)
    philosophical beliefs; or
  6. (vi)
    membership of a professional or trade association; or
  7. (vii)
    membership of a trade union; or
  8. (viii)
    sexual orientation or practices; or
  9. (ix)
    criminal record;
that is also personal information; or
1. (b)
  health information about an individual; or
2. (c)
  genetic information about an individual that is not otherwise health information; or
3. (d)
  biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
4. (e)
  biometric templates.
serious credit infringement means:
1. (a)
  an act done by an individual that involves fraudulently obtaining consumer credit, or attempting fraudulently to obtain consumer credit; or
2. (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
3. (c)
  an act done by an individual if:
  1. (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
  2. (ii)
    the provider has, after taking such steps as are reasonable in the circumstances, been unable to contact the individual about the act; and
  3. (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.
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.
subcontractor, for a government contract, means an organisation:
1. (a)
  that is or was a party to a contract (the subcontract):
  1. (i)
    with a contracted service provider for the government contract (within the meaning of paragraph (a) of the definition of contracted service provider); or
  2. (ii)
    with a subcontractor for the government contract (under a previous application of this definition); and
2. (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 APP code: see section 26GB.
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:
1. (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
2. (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.
(1A)
In order to avoid doubt, it is declared that an ACT enactment is not a Commonwealth law for the purposes of this Act.
(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.
(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.
(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:
1. (a)
  a prescribed office; or
2. (b)
  an office prescribed by regulations made for the purposes of subparagraph 4(3)(b)(i) of the Freedom of Information Act 1982; or
3. (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;
4. (d)
  a judicial office or of an office of magistrate; or
5. (e)
  an office of a member of a tribunal:
  1. (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
  2. (ii)
    that is prescribed by the regulations for the purposes of this subparagraph.
(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)
For the purposes of this Act, the Defence Department shall be taken to include the Defence Force.
(7)
Nothing in this Act prevents a complaint from:
1. (a)
  being both a file number complaint and an APP complaint; or
2. (b)
  being both a file number complaint and a credit reporting complaint; or
3. (c)
  being both a file number complaint and a code complaint; or
4. (e)
  being both a code complaint and a credit reporting complaint; or
5. (f)
  being both an APP complaint and a credit reporting complaint; or
6. (g)
  being both an APP complaint and a code complaint.
(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.
(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.
(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):
1. (a)
  a de facto partner of the individual;
2. (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);
3. (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.
(10A)
For the purposes of this Act, the Supreme Court of Norfolk Island is taken not to be a federal court.
(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.

6AAMeaning of responsible person

(1)
A responsible person for an individual is:
1. (a)
  a parent of the individual; or
2. (b)
  a child or sibling of the individual if the child or sibling is at least 18 years old; or
3. (c)
  a spouse or de facto partner of the individual; or
4. (d)
  a relative of the individual if the relative is:
  1. (i)
    at least 18 years old; and
  2. (ii)
    a member of the individual’s household; or
5. (e)
  a guardian of the individual; or
6. (f)
  a person exercising an enduring power of attorney granted by the individual that is exercisable in relation to decisions about the individual’s health; or
7. (g)
  a person who has an intimate personal relationship with the individual; or
8. (h)
  a person nominated by the individual to be contacted in case of emergency.
(2)
In this section:
child: without limiting who is a child of an individual for the purposes of subsection (1), each of the following is a child of an individual:
1. (a)
  an adopted child, stepchild, exnuptial child or foster child of the individual;
2. (b)
  someone who is a child of the individual within the meaning of the Family Law Act 1975.
parent: without limiting who is a parent of an individual for the purposes of subsection (1), someone is a parent of an individual if the individual is his or her child because of the definition of child in this subsection.
relative of an individual (the first individual) means a grandparent, grandchild, uncle, aunt, nephew or niece of the first individual and for this purpose, relationships to the first individual may also be traced to or through another individual who is:
1. (a)
  a de facto partner of the first individual; or
2. (b)
  the child of the first individual because of the definition of child in this subsection.
sibling of an individual includes:
1. (a)
  a half‑brother, half‑sister, adoptive brother, adoptive sister, step‑brother, step‑sister, foster‑brother and foster‑sister of the individual; and
2. (b)
  another individual if a relationship referred to in paragraph (a) can be traced through a parent of either or both of the individuals.
stepchild: without limiting who is a stepchild of an individual, someone is a stepchild of an individual if he or she would be the individual’s stepchild except that the individual is not legally married to the individual’s de facto partner.

6ABreach of an Australian Privacy Principle

(1)
For the purposes of this Act, an act or practice breaches an Australian Privacy Principle if, and only if, it is contrary to, or inconsistent with, that principle.
No breach—contracted service provider
(2)
An act or practice does not breach an Australian Privacy Principle if:
1. (a)
  the act is done, or the practice is engaged in:
  1. (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
  2. (ii)
    for the purposes of meeting (directly or indirectly) an obligation under the contract; and
2. (b)
  the act or practice is authorised by a provision of the contract that is inconsistent with the principle.
No breach—disclosure to the National Archives of Australia
(3)
An act or practice does not breach an Australian Privacy Principle 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.
No breach—act or practice outside Australia
(4)
An act or practice does not breach an Australian Privacy Principle if:
1. (a)
  the act is done, or the practice is engaged in, outside Australia and the external Territories; and
2. (b)
  the act or practice is required by an applicable law of a foreign country.
Effect despite subsection (1)
(5)
Subsections (2), (3) and (4) have effect despite subsection (1).

6BBreach of a registered APP code

Breach if contrary to, or inconsistent with, code
(1)
For 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.
No breach—contracted service provider
(2)
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.
No breach—disclosure to the National Archives of Australia
(3)
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.
No breach—act or practice outside Australia
(4)
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.
Effect despite subsection (1)
(5)
Subsections (2), (3) and (4) have effect despite subsection (1).

6BABreach of the registered CR code

For the purposes of this Act, an act or practice breaches the registered CR code if, and only if, it is contrary to, or inconsistent with, the code.

6COrganisations

What is an organisation?
(1)
In this Act:
organisation means:
(a)
an individual; or
(b)
a body corporate; or
(c)
a partnership; or
(d)
any other unincorporated association; or
(e)
a trust;
that is not a small business operator, a registered political party, an agency, a State or Territory authority or a prescribed instrumentality of a State or Territory.
Note 1: Under section 187LA of the Telecommunications (Interception and Access) Act 1979, service providers are, in relation to their activities relating to retained data, treated as organisations for the purposes of this Act.
Note: 2: Regulations may prescribe an instrumentality by reference to one or more classes of instrumentality. See subsection 13(3) of the Legislation Act 2003.
Example: Regulations may prescribe an instrumentality of a State or Territory that is an incorporated company, society or association and therefore not a State or Territory authority.
Legal person treated as different organisations in different capacities
(2)
A legal person can have a number of different capacities in which the person does things. In each of those capacities, the person is taken to be a different organisation.
Example: In addition to his or her personal capacity, an individual may be the trustee of one or more trusts. In his or her personal capacity, he or she is one organisation. As trustee of each trust, he or she is a different organisation.
What is a State or Territory authority?
(3)
In this Act:
State or Territory authority means:
(a)
a State or Territory Minister; or
(b)
a Department of State of a State or Territory; or
(c)
a body (whether incorporated or not), or a tribunal, established or appointed for a public purpose by or under a law of a State or Territory, other than:
(i)
an incorporated company, society or association; or
(ii)
an association of employers or employees that is registered or recognised under a law of a State or Territory dealing with the resolution of industrial disputes; or
(d)
a body established or appointed, otherwise than by or under a law of a State or Territory, by:
(i)
a Governor of a State; or
(ii)
the Australian Capital Territory Executive; or
(iii)
the Administrator of the Northern Territory; or
(v)
a State or Territory Minister; or
(e)
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, other than the office of head of a State or Territory Department (however described); or
(f)
a person holding or performing the duties of an appointment made, otherwise than under a law of a State or Territory, by:
(i)
a Governor of a State; or
(ii)
the Australian Capital Territory Executive; or
(iii)
the Administrator of the Northern Territory; or
(v)
a State or Territory Minister; or
(g)
a State or Territory court.
Making regulations to stop instrumentalities being organisations
(4)
Before the Governor‑General makes regulations prescribing an instrumentality of a State or Territory for the purposes of the definition of organisation in subsection (1), the Minister must:
(a)
be satisfied that the State or Territory has requested that the instrumentality be prescribed for those purposes; and
(b)
consider:
(i)
whether treating the instrumentality as an organisation for the purposes of this Act adversely affects the government of the State or Territory; and
(ii)
the desirability of regulating under this Act the collection, holding, use, correction and disclosure of personal information by the instrumentality; and
(iii)
whether the law of the State or Territory regulates the collection, holding, use, correction and disclosure of personal information by the instrumentality to a standard that is at least equivalent to the standard that would otherwise apply to the instrumentality under this Act; and
(c)
consult the Commissioner about the matters mentioned in subparagraphs (b)(ii) and (iii).
State does not include Territory
(5)
In this section:
State does not include the Australian Capital Territory or the Northern Territory (despite subsection 6(1)).

6DSmall business and small business operators

What is a small business?
(1)
A business is a small business at a time (the test time) in a financial year (the current year) if its annual turnover for the previous financial year is $3,000,000 or less.
Test for new business
(2)
However, if there was no time in the previous financial year when the business was carried on, the business is a small business at the test time only if its annual turnover for the current year is $3,000,000 or less.
What is a small business operator?
(3)
A small business operator is an individual, body corporate, partnership, unincorporated association or trust that:
(a)
carries on one or more small businesses; and
(b)
does not carry on a business that is not a small business.
Entities that are not small business operators
(4)
However, an individual, body corporate, partnership, unincorporated association or trust is not a small business operator if he, she or it:
(a)
carries on a business that has had an annual turnover of more than $3,000,000 for a financial year that has ended after the later of the following:
(i)
the time he, she or it started to carry on the business;

(ii)
the commencement of this section; or
(b)
provides a health service to another individual and holds any health information except in an employee record; or
(c)
discloses personal information about another individual to anyone else for a benefit, service or advantage; or
(d)
provides a benefit, service or advantage to collect personal information about another individual from anyone else; or
(e)
is a contracted service provider for a Commonwealth contract (whether or not a party to the contract); or
(f)
is a credit reporting body.
Private affairs of small business operators who are individuals
(5)
Subsection (4) does not prevent an individual from being a small business operator merely because he or she does something described in paragraph (4)(b), (c) or (d):
(a)
otherwise than in the course of a business he or she carries on; and
(b)
only for the purposes of, or in connection with, his or her personal, family or household affairs.
Non‑business affairs of other small business operators
(6)
Subsection (4) does not prevent a body corporate, partnership, unincorporated association or trust from being a small business operator merely because it does something described in paragraph (4)(b), (c) or (d) otherwise than in the course of a business it carries on.
Disclosure compelled or made with consent
(7)
Paragraph (4)(c) does not prevent an individual, body corporate, partnership, unincorporated association or trust from being a small business operator only because he, she or it discloses personal information about another individual:
(a)
with the consent of the other individual; or
(b)
as required or authorised by or under legislation.
Collection with consent or under legislation
(8)
Paragraph (4)(d) does not prevent an individual, body corporate, partnership, unincorporated association or trust from being a small business operator only because he, she or it:
(a)
collects personal information about another individual from someone else:
(i)
with the consent of the other individual; or
(ii)
as required or authorised by or under legislation; and
(b)
provides a benefit, service or advantage to be allowed to collect the information.
Related bodies corporate
(9)
Despite subsection (3), a body corporate is not a small business operator if it is related to a body corporate that carries on a business that is not a small business.

6DAWhat is the annual turnover of a business?

What is the annual turnover of a business for a financial year?
(1)
The annual turnover of a business for a financial year is the total of the following that is earned in the year in the course of the business:
(a)
the proceeds of sales of goods and/or services;
(b)
commission income;
(c)
repair and service income;
(d)
rent, leasing and hiring income;
(e)
government bounties and subsidies;
(f)
interest, royalties and dividends;
(g)
other operating income.
Note: The annual turnover for a financial year of a business carried on by an entity that does not carry on another business will often be similar to the total of the instalment income the entity notifies to the Commissioner of Taxation for the 4 quarters in the year (or for the year, if the entity pays tax in annual instalments).
(2)
However, if a business has been carried on for only part of a financial year, its annual turnover for the financial year is the amount worked out using the formula:

6ESmall business operator treated as organisation

Small business operator that is a reporting entity
(1A)
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.
Small business operator that is a protected action ballot agent under the Fair Work Act 2009
(1B)
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.
Small business operator that is an association of employees that is registered or recognised under the Fair Work (Registered Organisations) Act 2009
(1C)
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
(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.
Regulations treating a small business operator as an organisation
(1)
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.
Regulations treating a small business operator as an organisation for particular acts or practices
(2)
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
(3)
In this section:
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.
Making regulations
(4)
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).

6EASmall business operators choosing to be treated as organisations

(1)
This Act applies in relation to a small business operator as if the operator were an organisation while a choice by the operator to be treated as an organisation is registered under this section.
(2)
A small business operator may make a choice in writing given to the Commissioner to be treated as an organisation.
Note: A small business operator may revoke such a choice by writing given to the Commissioner. See subsection 33(3) of the Acts Interpretation Act 1901.
(3)
If the Commissioner is satisfied that a small business operator has made the choice to be treated as an organisation, the Commissioner must enter in a register of operators who have made such a choice:
1. (a)
  the name or names under which the operator carries on business; and
2. (b)
  the operator’s ABN, if the operator has one under the A New Tax System (Australian Business Number) Act 1999.
(4)
If a small business operator revokes a choice to be treated as an organisation, the Commissioner must remove from the register the material relating to the operator.
(5)
The Commissioner may decide the form of the register and how it is to be kept.
(6)
The Commissioner must make the register available to the public in the way that the Commissioner determines. However, the Commissioner must not make available to the public in the register information other than that described in subsection (3).

6FState instrumentalities etc. treated as organisations

Regulations treating a State instrumentality etc. as an organisation
(1)
This Act applies, with the prescribed modifications (if any), in relation to a prescribed State or Territory authority or a prescribed instrumentality of a State or Territory (except an instrumentality that is an organisation because of section 6C) as if the authority or instrumentality were an organisation.
Note 1: The regulations may prescribe different modifications of the Act for different authorities or instrumentalities. See subsection 33(3A) of the Acts Interpretation Act 1901.
Note 2: Regulations may prescribe an authority or instrumentality by reference to one or more classes of authority or instrumentality. See subsection 13(3) of the Legislation Act 2003.
Making regulations to treat instrumentality etc. as organisation
(3)
Before the Governor‑General makes regulations prescribing a State or Territory authority or instrumentality of a State or Territory for the purposes of subsection (1), the Minister must:
(a)
be satisfied that the relevant State or Territory has requested that the authority or instrumentality be prescribed for those purposes; and
(b)
consult the Commissioner about the desirability of regulating under this Act the collection, holding, use, correction and disclosure of personal information by the authority or instrumentality.

6FAMeaning of health information

The following information is health information:
(a)
information or an opinion about:
(i)
the health, including an illness, disability or injury, (at any time) of an individual; or
(ii)
an individual’s expressed wishes about the future provision of health services to the individual; or
(iii)
a health service provided, or to be provided, to an individual;
that is also personal information;
(b)
other personal information collected to provide, or in providing, a health service to an individual;
(c)
other personal information collected in connection with the donation, or intended donation, by an individual of his or her body parts, organs or body substances;
(d)
genetic information about an individual in a form that is, or could be, predictive of the health of the individual or a genetic relative of the individual.

6FBMeaning of health service

(1)
An activity performed in relation to an individual is a health service if the activity is intended or claimed (expressly or otherwise) by the individual or the person performing it:
1. (a)
  to assess, maintain or improve the individual’s health; or
2. (b)
  where the individual’s health cannot be maintained or improved—to manage the individual’s health; or
3. (c)
  to diagnose the individual’s illness, disability or injury; or
4. (d)
  to treat the individual’s illness, disability or injury or suspected illness, disability or injury; or
5. (e)
  to record the individual’s health for the purposes of assessing, maintaining, improving or managing the individual’s health.
(2)
The dispensing on prescription of a drug or medicinal preparation by a pharmacist is a health service.
(3)
To avoid doubt:
1. (a)
  a reference in this section to an individual’s health includes the individual’s physical or psychological health; and
2. (b)
  an activity mentioned in subsection (1) or (2) that takes place in the course of providing aged care, palliative care or care for a person with a disability is a health service.
(4)
The regulations may prescribe an activity that, despite subsections (1) and (2) is not to be treated as a health service for the purposes of this Act.

Division 2Key definitions relating to credit reportingSubdivision ACredit provider6GMeaning of credit provider

General
(1)
Each of the following is a credit provider:
(a)
a bank;
(b)
an organisation or small business operator if:
(i)
the organisation or operator carries on a business or undertaking; and
(ii)
a substantial part of the business or undertaking is the provision of credit;
(c)
an organisation or small business operator:
(i)
that carries on a retail business; and
(ii)
that, in the course of the business, issues credit cards to individuals in connection with the sale of goods, or the supply of services, by the organisation or operator (as the case may be);
(d)
an agency, organisation or small business operator:
(i)
that carries on a business or undertaking that involves providing credit; and
(ii)
that is prescribed by the regulations.
Other credit providers
(2)
If:
(a)
an organisation or small business operator (the supplier) carries on a business or undertaking in the course of which the supplier provides credit in connection with the sale of goods, or the supply of services, by the supplier; and
(b)
the repayment, in full or in part, of the amount of credit is deferred for at least 7 days; and
(c)
the supplier is not a credit provider under subsection (1);
then the supplier is a credit provider but only in relation to the credit.
(3)
If:
(a)
an organisation or small business operator (the lessor) carries on a business or undertaking in the course of which the lessor provides credit in connection with the hiring, leasing or renting of goods; and
(b)
the credit is in force for at least 7 days; and
(c)
no amount, or an amount less than the value of the goods, is paid as a deposit for the return of the goods; and
(d)
the lessor is not a credit provider under subsection (1);
then the lessor is a credit provider but only in relation to the credit.
(4)
An organisation or small business operator is a credit provider if subsection 6H(1), 6J(1) or 6K(1) provides that the organisation or operator is a credit provider.
Exclusions
(5)
Despite subsections (1) to (4) of this section, an organisation or small business operator acting in the capacity of:
(a)
a real estate agent; or
(b)
a general insurer (within the meaning of the Insurance Act 1973); or
(c)
an employer of an individual;
is not a credit provider while acting in that capacity.
(6)
Despite subsections (1) to (4) of this section, an organisation or small business operator is not a credit provider if it is included in a class of organisations or operators prescribed by the regulations.

6HAgents of credit providers

(1)
If an organisation or small business operator (the agent) is acting as an agent of a credit provider (the principal) in performing, on behalf of the principal, a task that is reasonably necessary:
1. (a)
  in processing an application for credit made to the principal; or
2. (b)
  in managing credit provided by the principal;
then, while the agent is so acting, the agent is a credit provider.
(2)
Subsection (1) does not apply if the principal is an organisation or small business operator that is a credit provider because of a previous application of that subsection.
(3)
If subsection (1) applies in relation to credit that has been provided by the principal, the credit is taken, for the purposes of this Act, to have been provided by both the principal and the agent.
(4)
If subsection (1) applies in relation to credit for which an application has been made to the principal, the application is taken, for the purposes of this Act, to have been made to both the principal and the agent.

6JSecuritisation arrangements etc.

(1)
If:
1. (a)
  an organisation or small business operator (the securitisation entity) carries on a business that is involved in either or both of the following:
  1. (i)
    a securitisation arrangement;
  2. (ii)
    managing credit that is the subject of a securitisation arrangement; and
2. (b)
  the securitisation entity performs a task that is reasonably necessary for:
  1. (i)
    purchasing, funding or managing, or processing an application for, credit by means of a securitisation arrangement; or
  2. (ii)
    undertaking credit enhancement in relation to credit; and
3. (c)
  the credit has been provided by, or is credit for which an application has been made to, a credit provider (the original credit provider);
then, while the securitisation entity performs such a task, the securitisation entity is a credit provider.
(2)
Subsection (1) does not apply if the original credit provider is an organisation or small business operator that is a credit provider because of a previous application of that subsection.
(3)
If subsection (1) applies in relation to credit that has been provided by the original credit provider, the credit is taken, for the purposes of this Act, to have been provided by both the original credit provider and the securitisation entity.
(4)
If subsection (1) applies in relation to credit for which an application has been made to the original credit provider, the application is taken, for the purposes of this Act, to have been made to both the original credit provider and the securitisation entity.

6KAcquisition of the rights of a credit provider

(1)
If:
1. (a)
  an organisation or small business operator (the acquirer) acquires, whether by assignment, subrogation or any other means, the rights of a credit provider (the original credit provider) in relation to the repayment of an amount of credit; and
2. (b)
  the acquirer is not a credit provider under subsection 6G(1);
then the acquirer is a credit provider but only in relation to the credit.
(2)
If subsection (1) of this section applies in relation to credit that has been provided by the original credit provider, the credit is taken, for the purposes of this Act, to have been provided by the acquirer.
(3)
If subsection (1) of this section applies in relation to credit for which an application has been made to the original credit provider, the application is taken, for the purposes of this Act, to have been made to the acquirer.

Subdivision BOther definitions6LMeaning of access seeker

(1)
An access seeker in relation to credit reporting information, or credit eligibility information, about an individual is:
1. (a)
  the individual; or
2. (b)
  a person:
  1. (i)
    who is assisting the individual to deal with a credit reporting body or credit provider; and
  2. (ii)
    who is authorised, in writing, by the individual to make a request in relation to the information under subsection 20R(1) or 21T(1).
(2)
An individual must not authorise a person under subparagraph (1)(b)(ii) if the person is:
1. (a)
  a credit provider; or
2. (b)
  a mortgage insurer; or
3. (c)
  a trade insurer; or
4. (d)
  a person who is prevented from being a credit provider by subsection 6G(5) or (6).
(3)
Subparagraph (1)(b)(ii) does not apply to a person who provides the National Relay Service or a person prescribed by the regulations.

6MMeaning of credit and amount of credit

(1)
Credit is a contract, arrangement or understanding under which:
1. (a)
  payment of a debt owed by one person to another person is deferred; or
2. (b)
  one person incurs a debt to another person and defers the payment of the debt.

am No 116, 1990; No 145, 2010; No 5, 2011
rs No 197, 2012
s 18............................................	am No 197, 2012
Division 5 heading......................	ad No 155, 2000
rep No 197, 2012
Division 5..................................	rep No 197, 2012
s 18A.........................................	ad No 116, 1990
am No 155, 2000
rep No 197, 2012
s 18B.........................................	ad No 116, 1990
rep No 197, 2012
Part IIIAA..................................	ad No 155, 2000
rep No 197, 2012
s 18BA.......................................	ad No 155, 2000
rep No 197, 2012
s 18BAA....................................	ad No 49, 2004
rep No 197, 2012
s 18BB–18BI..............................	ad No 155, 2000
rep No 197, 2012
Part IIIA
Part IIIA.....................................	ad No 116, 1990
rs No 197, 2012
Division 1
s 18C, 18D.................................	ad No 116, 1990
am No 24, 2001
rep No 197, 2012
s 18E.........................................	ad No 116, 1990
am No 143, 1992; No 34, 1997
rep No 197, 2012
s 18F..........................................	ad No 116, 1990
am No 143, 1992; No 34, 1997
rep No 197, 2012
s 18G.........................................	ad No 116, 1990
rep No 197, 2012
s 18H.........................................	ad No 116, 1990
am No 136, 1991
rep No 197, 2012
s 18J..........................................	ad No 116, 1990
rep No 197, 2012
s 18K.........................................	ad No 116, 1990
am No 136, 1991; No 143, 1992; No 24, 2001; No 125, 2002; No 135, 2001; No 86, 2006; No 24, 2012
rep No 197, 2012
s 18L.........................................	ad No 116, 1990
am No 136, 1991; No 143, 1992; No 24, 2001
rep No 197, 2012
s 18M........................................	ad No 116, 1990
rs No 136, 1991
am No 143, 1992
rep No 197, 2012
s 18N.........................................	ad No 116, 1990
am No 136, 1991; No 143, 1992; No 13, 1994; No 24, 2001
rep No 197, 2012
s 18NA......................................	ad No 34, 1997
rep No 197, 2012
s 18P..........................................	ad No 116, 1990
am No 136, 1991; No 143, 1992
rep No 197, 2012
s 18Q.........................................	ad No 116, 1990
am No 136, 1991; No 143, 1992; No 24, 2001
rep No 197, 2012
s 18R.........................................	ad No 116, 1990
am No 24, 2001
rep No 197, 2012
s 18S..........................................	ad No 116, 1990
am No 24, 2001
rep No 197, 2012
s 18T.........................................	ad No 116, 1990
rep No 197, 2012
s 18U.........................................	ad No 116, 1990
rep No 197, 2012
s 18V.........................................	ad No 116, 1990
am No 136, 1991
rep No 197, 2012
s 19............................................	ad No 2, 2000
rep No 51, 2010
ad No 197, 2012
am No 13, 2013; No 13, 2021
s 19............................................ renum s 19A...............................	am No 59, 1995 No 2, 2000
s 19A.........................................	rep No 51, 2010
Division 2
Subdivision A
s 20............................................	am No 159, 2001
rep No 51, 2010
ad No 197, 2012
s 20A.........................................	ad No 197, 2012
Subdivision B
s 20B.........................................	ad No 197, 2012
Subdivision C
s 20C.........................................	ad No 197, 2012
am No 5, 2021
s 20D.........................................	ad No 197, 2012
Subdivision D
s 20E.........................................	ad No 197, 2012
am No 63, 2019; No 5, 2021; No 89, 2022
s 20F..........................................	ad No 197, 2012
s 20G.........................................	ad No 197, 2012
am No 5, 2021
s 20H.........................................	ad No 197, 2012
s 20J..........................................	ad No 197, 2012
s 20K.........................................	ad No 197, 2012
s 20L.........................................	ad No 197, 2012
s 20M........................................	ad No 197, 2012
Subdivision E
s 20N.........................................	ad No 197, 2012
s 20P..........................................	ad No 197, 2012
s 20Q.........................................	ad No 197, 2012
am No 5, 2021
Subdivision F
s 20R.........................................	ad No 197, 2012
am No 5, 2021
s 20S..........................................	ad No 197, 2012
s 20T.........................................	ad No 197, 2012
s 20U.........................................	ad No 197, 2012
Subdivision G
s 20V.........................................	ad No 197, 2012
s 20W........................................	ad No 197, 2012
am No 5, 2021
s 20X.........................................	ad No 197, 2012
s 20Y.........................................	ad No 197, 2012
s 20Z.........................................	ad No 197, 2012
s 20ZA.......................................	ad No 197, 2012
Division 3
Subdivision A
s 21............................................	am No 59, 1995
rep No 51, 2010
ad No 197, 2012
s 21A.........................................	ad No 197, 2012
Subdivision B
s 21B.........................................	ad No 197, 2012
am No 5, 2021
Subdivision C
s 21C.........................................	ad No 197, 2012
s 21D.........................................	ad No 197, 2012
am No 5, 2021
s 21E.........................................	ad No 197, 2012
s 21EA.......................................	ad No 5, 2021
s 21F..........................................	ad No 197, 2012
Subdivision D
s 21G.........................................	ad No 197, 2012
am No 63, 2019; No 5, 2021
s 21H.........................................	ad No 197, 2012
s 21J..........................................	ad No 197, 2012
s 21K.........................................	ad No 197, 2012
s 21L.........................................	ad No 197, 2012
s 21M........................................	ad No 197, 2012
s 21N.........................................	ad No 197, 2012
s 21NA......................................	ad No 197, 2012
s 21P..........................................	ad No 197, 2012
Subdivision E
s 21Q.........................................	ad No 197, 2012
s 21R.........................................	ad No 197, 2012
s 21S..........................................	ad No 197, 2012
Subdivision F
s 21T.........................................	ad No 197, 2012
am No 5, 2021
s 21U.........................................	ad No 197, 2012
am No 5, 2021
s 21V.........................................	ad No 197, 2012
am No 5, 2021
s 21W........................................	ad No 197, 2012
am No 5, 2021
Division 4
s 22............................................	rs No 122, 1991
am No 146, 1999
rep No 51, 2010
ad No 197, 2012
Subdivision A
s 22A.........................................	ad No 197, 2012
Subdivision B
s 22B.........................................	ad No 197, 2012
s 22C.........................................	ad No 197, 2012
s 22D.........................................	ad No 197, 2012
s 22E.........................................	ad No 197, 2012
am No 63, 2019
s 22F..........................................	ad No 197, 2012
Division 5
s 23............................................	rep No 51, 2010
ad No 197, 2012
s 23A.........................................	ad No 197, 2012
s 23B.........................................	ad No 197, 2012
am No 5, 2021
s 23C.........................................	ad No 197, 2012
Division 6
s 24............................................	rep No 51, 2010
ad No 197, 2012
s 24A.........................................	ad No 197, 2012
Division 7
s 25............................................	am No 122, 1991
rep No 51, 2010
ad No 197, 2012
am No 13, 2013; No 124, 2017; No 13, 2021; No 83, 2022
s 25A.........................................	ad No 197, 2012
am No 13, 2013; No 124, 2017; No 13, 2021; No 83, 2022
Division 8
Division 8..................................	ad No 5, 2021
s 25B.........................................	ad No 5, 2021
Part IIIB
Part IIIB.....................................	ad No 197, 2012
Division 1
s 26............................................	rep No 51, 2010
ad No 197, 2012
Division 2
Subdivision A
s 26A.........................................	ad No 2, 2000
am No 146, 1999
rep No 51, 2010
ad No 197, 2012
s 26B.........................................	ad No 197, 2012
am No 126, 2015
s 26C.........................................	ad No 197, 2012
am No 128, 2024
s 26D.........................................	ad No 197, 2012
Subdivision B
s 26E.........................................	ad No 197, 2012
s 26F..........................................	ad No 197, 2012
s 26G.........................................	ad No 197, 2012
am No 128, 2024
s 26GA......................................	ad No 128, 2024
s 26GB.......................................	ad No 128, 2024
s 26GC.......................................	ad No 128, 2024
s 26H.........................................	ad No 197, 2012
am No 128, 2024
Subdivision C
s 26J..........................................	ad No 197, 2012
s 26K.........................................	ad No 197, 2012
Division 3
Subdivision A
s 26L.........................................	ad No 197, 2012
s 26M........................................	ad No 197, 2012
am No 126, 2015
s 26N.........................................	ad No 197, 2012
Subdivision B
s 26P..........................................	ad No 197, 2012
s 26Q.........................................	ad No 197, 2012
s 26R.........................................	ad No 197, 2012
s 26S..........................................	ad No 197, 2012
Subdivision C
s 26T.........................................	ad No 197, 2012
Division 4
s 26U.........................................	ad No 197, 2012
s 26V.........................................	ad No 197, 2012
s 26W........................................	ad No 197, 2012
Part IIIC
Part IIIC.....................................	ad No 12, 2017
Division 1
s 26WA......................................	ad No 12, 2017
am No 83, 2022; No 128, 2024
s 26WB......................................	ad No 12, 2017
s 26WC......................................	ad No 12, 2017
s 26WD......................................	ad No 12, 2017
Division 2
s 26WE......................................	ad No 12, 2017
s 26WF......................................	ad No 12, 2017
s 26WG......................................	ad No 12, 2017
Division 3
Subdivision A
s 26WH......................................	ad No 12, 2017
s 26WJ.......................................	ad No 12, 2017
Subdivision B
s 26WK......................................	ad No 12, 2017
am No 83, 2022
s 26WL......................................	ad No 12, 2017
s 26WM.....................................	ad No 12, 2017
s 26WN......................................	ad No 12, 2017
s 26WP......................................	ad No 12, 2017
s 26WQ......................................	ad No 12, 2017
am No 25, 2018
Subdivision C
s 26WR......................................	ad No 12, 2017
am No 25, 2018; No 83, 2022
s 26WS......................................	ad No 12, 2017
s 26WT......................................	ad No 12, 2017
Division 4
Division 4..................................	ad No 83, 2022
s 26WU......................................	ad No 83, 2022
Division 5
Division 5..................................	ad No 128, 2024
Subdivision A
s 26X.........................................	ad No 128, 2024
s 26XA......................................	ad No 128, 2024
Subdivision B
s 26XB.......................................	ad No 128, 2024
Subdivision C
s 26XC.......................................	ad No 128, 2024
s 26XD......................................	ad No 128, 2024
s 26XE.......................................	ad No 128, 2024
s 26XF.......................................	ad No 128, 2024
s 26XG......................................	ad No 128, 2024
s 26XH......................................	ad No 128, 2024
Part IV
Part IV heading...........................	rs No 2, 2000; No 51, 2010
Division heading.........................	rs No 2, 2000
rep No 51, 2010
Division 1..................................	rep No 51, 2010
Division 2
s 27............................................	am No 20, 1991; No 28, 1993; No 155, 2000; No 49, 2004; No 139, 2010
rs No 197, 2012
s 27A.........................................	ad No 73, 2010
am No 73, 2010
rep No 197, 2012
s 28............................................	am No 116, 1990; No 131, 2009; No 73, 2010
rs No 197, 2012
s 28A.........................................	ad No 116, 1990
am No 131, 2009; No 73, 2010
rs No 197, 2012
am No 59, 2015; No 154, 2020
s 28B.........................................	ad No 131, 2009
am No 73, 2010
rs No 197, 2012
am No 59, 2015
s 29............................................	am No 116, 1990; No 155, 2000
rs No 197, 2012
Division 3
Division 3 heading......................	rs No 83, 2022
s 30............................................	am No 116, 1990; No 155, 2000; No 139, 2010; No 197, 2012; No 59, 2015
s 31............................................	am No 20, 1991; No 155, 2000; No 51, 2010; No 197, 2012; No 154, 2020
s 32............................................	am No 116, 1990 (as am by No 165, 1992); No 20, 1991; No 49, 2004 (as am by No 9, 2006); No 51, 2010; No 197, 2012
s 33............................................	am No 92, 1994; No 139, 2010; No 154, 2020; No 128, 2024
s 33A.........................................	ad No 83, 2022
s 33B.........................................	ad No 139, 2010
rep No 59, 2015
ad No 83, 2022
Division 3A
Division 3A................................	ad No 197, 2012
s 33C.........................................	ad No 197, 2012
am No 121, 2019; No 83, 2022; No 26, 2024
s 33D.........................................	ad No 197, 2012
Division 3B
Division 3B................................	ad No 197, 2012
rep No 124, 2017
ad No 128, 2024
s 33E.........................................	ad No 197, 2012
rep No 124, 2017
ad No 128, 2024
s 33F..........................................	ad No 197, 2012
am No 13, 2013
rep No 124, 2017
ad No 128, 2024
s 33G.........................................	ad No 128, 2024
s 33H.........................................	ad No 128, 2024
s 33J..........................................	ad No 128, 2024
Division 4
s 34............................................	am Nos 51 and 139, 2010; No 177 and 197, 2012; No 59, 2015
s 35A.........................................	ad No 197, 2012
Part V
Part V heading............................	rs No 197, 2012
Division 1A
Division 1A................................	ad No 197, 2012
s 36A.........................................	ad No 197, 2012
Division 1
s 36............................................	am No 11, 1990; No 13, 1994; Nos 2 and 155, 2000; No 51, 2010; No 197, 2012; No 74, 2023
s 36B.........................................	ad No 12, 2022
s 37............................................	am No 92, 1994; No 177, 1994; No 82, 1997; No 155, 2000; No 139, 2010; No 197, 2012; No 59, 2015; No 24, 2016; No 92, 2017; No 154, 2020
s 38............................................	rs No 13, 1994
am No 155, 2000; No 197, 2012
s 38A.........................................	ad No 13, 1994
s 38B.........................................	ad No 13, 1994
am No 197, 2012
s 38C.........................................	ad No 13, 1994
s 39............................................	rs No 13, 1994
s 40............................................	am No 155, 2000; No 197, 2012
s 40A.........................................	ad No 155, 2000
rs No 197, 2012
s 41............................................	am No 155, 2000; No 49, 2004; No 197, 2012; No 128, 2024
s 42............................................	am No 155, 2000; No 197, 2012
s 43............................................	am No 155, 2000; No 139, 2010; No 197, 2012; No 59, 2015
s 43A.........................................	ad No 197, 2012
s 44............................................	am No 34, 1997; No 197, 2012; No 154, 2020; No 83, 2022
s 46............................................	am No 155, 2000; No 24, 2001; No 197, 2012; No 4, 2016; No 61, 2016; No 83, 2022
s 47............................................	am No 83, 2022
s 48............................................	am No 155, 2000
s 49............................................	am No 116, 1990; No 24, 2001; No 73, 2010; No 60, 2011; No 197, 2012
s 49A.........................................	ad No 131, 2009
s 49B.........................................	ad No 98, 2021
am No 73, 2023
s 50............................................	am No 146, 1999; No 25, 2006 (as am by No 73, 2008); No 70, 2009; No 139, 2010; No 11, 2011; No 197, 2012 (as am by No 5, 2015); No 2, 2013; No 5, 2015; No 59, 2015; No 154, 2020; No 98, 2021; No 12, 2022; No 83, 2022; No 139, 2024
s 50A.........................................	ad No 155, 2000
am No 197, 2012
Division 2
s 52............................................	am No 116, 1990; No 13, 1994; No 155, 2000; No 197, 2012; No 83, 2022; No 128, 2024
s 52A.........................................	ad No 83, 2022
s 53............................................	rs No 13, 1994
s 53A.........................................	ad No 155, 2000
am No 197, 2012
s 53B.........................................	ad No 155, 2000
am No 197, 2012
Division 3
Division 3 heading......................	rs No 155, 2000; No 83, 2022
Division 3..................................	rs No 13, 1994; No 59, 1995
s 54............................................	rs No 13, 1994
am No 177, 1994
rs No 59, 1995
am No 82, 1997; No 155, 2000; No 9, 2006; No 197, 2012; No 92, 2017
s 55............................................	rs No 13, 1994; No 59, 1995; No 155, 2000; No 197, 2012
am No 83, 2022
s 55A.........................................	ad No 155, 2000
am No 197, 2012; No 13, 2013; No 13, 2021
s 55B.........................................	ad No 155, 2000
am No 197, 2012
s 56............................................	rs No 13, 1994
rep No 59, 1995
Division 4
Division 4 heading......................	am No 116, 1990
rs No 13, 1994
Division 4..................................	rs No 13, 1994
s 57............................................	rs No 13, 1994
am No 177, 1994; No 82, 1997; No 197, 2012; No 92, 2017
s 58............................................	rs No 13, 1994; No 197, 2012
am No 83, 2022
s 59............................................	rs No 13, 1994
am No 197, 2012; No 83, 2022
s 60............................................	am No 116, 1990
rs No 13, 1994
am No 139, 2010; No 197, 2012; No 154, 2020
s 61............................................	rs No 13, 1994
am No 38, 2005
rep No 197, 2012
s 62............................................	rs No 13, 1994
am No 155, 2000; No 197, 2012; No 13, 2013; No 13, 2021; No 39, 2024
Division 5
s 63............................................	rs No 13, 1994
am No 59, 1995; No 155, 2000; No 197, 2012; No 13, 2013; No 13, 2021
s 64............................................	am No 155, 2000; No 197, 2012
s 65............................................	am No 24, 2001; No 61, 2016
s 66............................................	am No 155, 2000; No 24, 2001; No 139, 2010; No 59, 2015; No 61, 2016; No 83, 2022
s 67............................................	am No 155, 2000; No 197, 2012; No 83, 2022
s 68............................................	am No 116, 1990; No 155, 2000; No 139, 2010; No 197, 2012; No 59, 2015
rep No 128, 2024
s 68A.........................................	ad No 155, 2000
rep No 128, 2024
s 69............................................	am No 155, 2000
rep No 197, 2012
s 70............................................	am No 125, 2002; No 86, 2006; No 139, 2010; No 59, 2015; No 83, 2022; No 89, 2022
s 70A.........................................	ad No 155, 2000
rep No 197, 2012
s 70B.........................................	ad No 155, 2000
Part VI
Part VI heading...........................	rs No 155, 2000
Division 1
Division 1 heading......................

ad No 155, 2000
s 72............................................	am No 155, 2000; No 197, 2012
s 73............................................	am No 155, 2000; No 50, 2006; No 197, 2012
s 74............................................	am No 197, 2012
s 75............................................	am No 155, 2000; No 197, 2012
s 76............................................	am No 155, 2000
s 77............................................	am No 155, 2000
s 79............................................	am No 155, 2000; No 197, 2012
s 80............................................	am No 5, 2011
rep No 197, 2012
Division 2
Division 2 heading......................	ad No 155, 2000
s 80A.........................................	ad No 155, 2000
am No 197, 2012
s 80B.........................................	ad No 155, 2000
am No 197, 2012
s 80C.........................................	ad No 155, 2000
rep No 197, 2012
s 80D.........................................	ad No 155, 2000
am No 197, 2012
Division 3
Division 3 heading......................	ad No 155, 2000
s 80E.........................................	ad No 155, 2000
Part VIA
Part VIA....................................	ad No 148, 2006
Division 1
s 80F..........................................	ad No 148, 2006
s 80G.........................................	ad No 148, 2006
am No 139, 2010; No 46, 2011; No 154, 2020; No 128, 2024
s 80H.........................................	ad No 148, 2006
am No 197, 2012
rep No 128, 2024
Division 2
s 80J..........................................	ad No 148, 2006
am No 129, 2020; No 128, 2024
s 80K.........................................	ad No 148, 2006
am No 128, 2024
s 80KA......................................	ad No 128, 2024
s 80L.........................................	ad No 148, 2006
am No 8, 2010
rep No 128, 2024
s 80M........................................	ad No 148, 2006
rep No 128, 2024
s 80N.........................................	ad No 148, 2006
am No 128, 2024
Division 3
s 80P..........................................	ad No 148, 2006
am No 197, 2012; No 108, 2014; No 156, 2018; No 154, 2020; No 24, 2024; No 128, 2024
Division 4
s 80Q.........................................	ad No 148, 2006
am No 197, 2012; No 128, 2024
s 80R.........................................	ad No 148, 2006
am No 139, 2010; No 154, 2020
ss 80S, 80T.................................	ad No 148, 2006
Part VIB
Part VIB heading........................	rs No 128, 2024
Part VIB.....................................	ad No 197, 2012
rs No 124, 2017
Division 1AA
Division 1AA.............................	ad No 128, 2024
s 80TA.......................................	ad No 128, 2024
Division 1AB
Division 1AB.............................	ad No 128, 2024
s 80TB.......................................	ad No 128, 2024
s 80TC.......................................	ad No 128, 2024
Division 1AC
Division 1AC.............................	ad No 128, 2024
s 80TD.......................................	ad No 128, 2024
s 80TE.......................................	ad No 128, 2024
Division 1
s 80U.........................................	ad No 197, 2012
rs No 124, 2017
am No 13, 2021
s 80UA......................................	ad No 128, 2024
Division 1A
Division 1A................................	ad No 83, 2022
s 80UB.......................................	ad No 83, 2022
am No 128, 2024
Division 1B
Division 1B................................	ad No 128, 2024
s 80UC.......................................	ad No 128, 2024
s 80UD......................................	ad No 128, 2024
Division 2
s 80V.........................................	ad No 197, 2012
rs No 124, 2017
am No 13, 2021
Division 3
s 80W........................................	ad No 197, 2012
am No 13, 2013
rs No 124, 2017
am No 13, 2021
s 80X.........................................	ad No 197, 2012
rep No 124, 2017
s 80Y.........................................	ad No 197, 2012
rep No 124, 2017
s 80Z.........................................	ad No 197, 2012
am No 13, 2013
rep No 124, 2017
s 80ZA.......................................	ad No 197, 2012
am No 13, 2013
rep No 124, 2017
s 80ZB.......................................	ad No 197, 2012
am No 13, 2013
rep No 124, 2017
s 80ZC.......................................	ad No 197, 2012
rep No 124, 2017
s 80ZD.......................................	ad No 197, 2012
am No 13, 2013
rep No 124, 2017
s 80ZE.......................................	ad No 197, 2012
rep No 124, 2017
s 80ZF.......................................	ad No 197, 2012
rep No 124, 2017
s 80ZG.......................................	ad No 197, 2012
rep No 124, 2017
Part VII
s 82............................................	am No 159, 2001; No 197, 2012
s 83............................................	am No 2, 2000; No 197, 2012
Part VIII
s 89............................................	am No 139, 2010; No 154, 2020
Part VIIIA..................................	ad No 44, 2020
rep No 44, 2020
s 94A.........................................	ad No 44, 2020
rep No 44, 2020
s 94B.........................................	ad No 44, 2020
rep No 44, 2020
s 94C.........................................	ad No 44, 2020
rep No 44, 2020
s 94D.........................................	ad No 44, 2020
rep No 44, 2020
s 94E.........................................	ad No 44, 2020
rep No 44, 2020
s 94F..........................................	ad No 44, 2020
rep No 44, 2020
s 94G.........................................	ad No 44, 2020
rep No 44, 2020
s 94H.........................................	ad No 44, 2020
rep No 44, 2020
s 94J..........................................	ad No 44, 2020
rep No 44, 2020
s 94K.........................................	ad No 44, 2020
rep No 44, 2020
s 94L.........................................	ad No 44, 2020
rep No 44, 2020
s 94M........................................	ad No 44, 2020
rep No 44, 2020
s 94N.........................................	ad No 44, 2020
rep No 44, 2020
s 94P..........................................	ad No 44, 2020
rep No 44, 2020
s 94Q.........................................	ad No 44, 2020
rep No 44, 2020
s 94R.........................................	ad No 44, 2020
rep No 44, 2020
s 94S..........................................	ad No 44, 2020
rep No 44, 2020
s 94T.........................................	ad No 44, 2020
rep No 44, 2020
s 94U.........................................	ad No 44, 2020
rep No 44, 2020
s 94V.........................................	ad No 44, 2020
rep No 44, 2020
s 94W........................................	ad No 44, 2020
rep No 44, 2020
s 94X.........................................	ad No 44, 2020
rep No 44, 2020
s 94Y.........................................	ad No 44, 2020
rep No 44, 2020
s 94Z.........................................	ad No 44, 2020
rep No 44, 2020
s 94ZA.......................................	ad No 44, 2020
rep No 44, 2020
s 94ZB.......................................	ad No 44, 2020
rep No 44, 2020
s 94ZC.......................................	ad No 44, 2020
rep No 44, 2020
s 94ZD.......................................	ad No 44, 2020
rep No 44, 2020
Part IX
s 94A.........................................	ad No 128, 2024
s 95............................................	am No 50, 2006; No 197, 2012
s 95A.........................................	ad No 155, 2000
am No 50, 2006; No 197, 2012
s 95AA......................................	ad No 99, 2006
am No 197, 2012
s 95B.........................................	ad No 155, 2000
am No 197, 2012
s 95C.........................................	ad No 155, 2000
am No 197, 2012
s 96............................................	am No 2, 2000
rep No 51, 2010
ad No 197, 2012
am No 12, 2017; No 39, 2024
s 97............................................	am No 155, 2000
rep No 51, 2010
s 98............................................	am No 155, 2000; No 13, 2013
rep No 124, 2017
s 98A.........................................	ad No 197, 2012
s 98B.........................................	ad No 197, 2012
s 98C.........................................	ad No 197, 2012
s 99............................................	am No 11, 1990; No 2, 2000
rep No 51, 2010
s 99A.........................................	ad No 116, 1990
am No 155, 2000; No 24, 2001; No 4, 2010; No 197, 2012; No 124, 2017
s 100..........................................	am No 155, 2000; No 49, 2004; No 197, 2012; No 128, 2024
Part X........................................	rep No 197, 2012
s 101..........................................	rep No 197, 2012
Schedule 1
Schedule 1..................................	rs No 197, 2012
Part 1
c 1.............................................	ad No 197, 2012
am No 128, 2024
c 2.............................................	ad No 197, 2012
Part 2
c 3.............................................	ad No 197, 2012
c 4.............................................	ad No 197, 2012
c 5.............................................	ad No 197, 2012
Part 3
c 6.............................................	ad No 197, 2012
c 7.............................................	ad No 197, 2012
am No 127, 2019; No 154, 2020
c 8.............................................	ad No 197, 2012
am No 128, 2024
c 9.............................................	ad No 197, 2012
Part 4
c 10...........................................	ad No 197, 2012
c 11...........................................	ad No 197, 2012
am No 128, 2024
Part 5
c 12...........................................	ad No 197, 2012
am No 154, 2020
c 13...........................................	ad No 197, 2012
Schedule 2
Schedule 2..................................	rep No 145, 2010
ad No 128, 2024
Introduction................................	am No 51, 2010
rep No 145, 2010
Part 1
c 1.............................................	rep No 145, 2010
ad No 128, 2024
c 2.............................................	rep No 145, 2010
ad No 128, 2024
c 3.............................................	rep No 145, 2010
ad No 128, 2024
c 4.............................................	rep No 145, 2010
ad No 128, 2024
c 5.............................................	rep No 145, 2010
ad No 128, 2024
c 6.............................................	am No 51, 2010
rep No 145, 2010
ad No 128, 2024
Part 2
c 7.............................................	rep No 145, 2010
ad No 128, 2024
c 8.............................................	ad No 128, 2024
c 8A...........................................	ad No 128, 2024
c 9.............................................	ad No 128, 2024
c 10...........................................	ad No 128, 2024
c 11...........................................	ad No 128, 2024
c 12...........................................	ad No 128, 2024
c 13...........................................	ad No 128, 2024
c 14...........................................	ad No 128, 2024
Part 3
c 15...........................................	ad No 128, 2024
c 16...........................................	ad No 128, 2024
c 16A.........................................	ad No 128, 2024
c 16B.........................................	ad No 128, 2024
c 17...........................................	ad No 128, 2024
c 18...........................................	ad No 128, 2024
Part 4
c 19...........................................	ad No 128, 2024
c 20...........................................	ad No 128, 2024
c 21...........................................	ad No 128, 2024
c 22...........................................	ad No 128, 2024
c 23...........................................	ad No 128, 2024
Schedule 3..................................	ad No 155, 2000
rep No 197, 2012
c 1.............................................	ad No 155, 2000
rep No 197, 2012
c 2.............................................	ad No 155, 2000
am No 99, 2006; No 144, 2008
rep No 197, 2012
c 3–6..........................................	ad No 155, 2000
rep No 197, 2012
c 7.............................................	ad No 155, 2000
am No 49, 2004
rep No 197, 2012
c 8, 9..........................................	ad No 155, 2000
rep No 197, 2012
c 10...........................................	ad No 155, 2000
am No 99, 2006
rep No 197, 2012

Endnote 5Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Subsections 13G(5) and (7) (headings)

Kind of editorial change

Changes to typeface

Details of editorial change

This compilation was editorially changed to include bold font on the defined terms in the headings to subsections 13G(5) and (7) to bring them into line with legislative drafting practice.