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COMMONWEALTH ELECTORAL ACT 1918 - SECT 7A Supply of goods and services

COMMONWEALTH ELECTORAL ACT 1918 - SECT 7A

Supply of goods and services

  (1)   Subject to this section, the Commission may make arrangements for the supply of goods or services to any person or body. The arrangements that may be made by the Commission include an arrangement under which an authorised person enters into an agreement, on behalf of the Commonwealth, for the supply of goods or services to a person or body. For this purpose, authorised person means a person who is authorised in writing by the Commission to enter into agreements under this subsection.

  (1A)   The arrangements the Commission may make under subsection   (1) may cover the same matters that may be covered by a section   84 arrangement.

  (1B)   An arrangement under subsection   (1) may supplement a section   84 arrangement.

  (1C)   The use by the Commission of personal information (including information contained in a Roll) for the purposes of conducting an activity (such as a plebiscite) under an arrangement under subsection   (1) is taken to be authorised by this Act.

Note:   The effect of this subsection includes (but is not limited to) an authorisation for the purposes of paragraph   6.2(b) of Australian Privacy Principle   6.

  (1D)   To avoid doubt, the disclosure by the Commission of personal information (including information contained in a Roll) for the purposes of conducting an activity (such as a plebiscite) under an arrangement under subsection   (1) is taken:

  (a)   to be authorised by this Act; and

  (b)   not to contravene any provision of this Act.

Note:   The effect of paragraph   (a) includes (but is not limited to) an authorisation for the purposes of paragraph   6.2(b) of Australian Privacy Principle   6.

  (1E)   A law of a State or Territory has no effect to the extent to which the law in any way prohibits a person or body from, or penalises or discriminates against a person or body for:

  (a)   entering into, or proposing to enter into, an arrangement under subsection   (1); or

  (b)   taking part   in or assisting with, or proposing to take part   in or assist with, the conduct of an activity (such as a plebiscite) to which an arrangement under subsection   (1) relates.

  (1F)   If the operation of subsection   (1E) would, but for this subsection, exceed the legislative powers of the Commonwealth, it is the intention of the Parliament that it operate to the extent that the law of the State or Territory would be inconsistent with Article 19, or paragraph   (a) of Article 25, of the International Covenant on Civil and Political Rights.

Note:   Articles 19 and 25 of the International Covenant on Civil and Political Rights are set out in Schedule   2 to the Australian Human Rights Commission Act 1986 .

  (1G)   Subsection   (1F) does not limit the operation of section   15A of the Acts Interpretation Act 1901 .

  (2)   The Commission may make arrangements for the supply of goods or services only to the extent that it can do so by using:

  (a)   information or materiel in its possession or in the possession of its officers or members of its staff, either under this Act or any other law; or

  (b)   expertise that it has acquired or that has been acquired by its officers or members of its staff, either under this Act or any other law.

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