Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 6E

Small business operator that is a reporting entity

          (1A)  If a small business operator is a reporting entity (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 ) 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 purpose of compliance with:

                     (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 .

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 46(2) of the Acts Interpretation Act 1901 .

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 46(2) of the Acts Interpretation Act 1901 .

What are modifications ?

             (3)  In this section:

"modifications" includes additions, omissions and substitutions.

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).