Commonwealth Consolidated Acts

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PRIVACY ACT 1988 - SECT 13C

Change in partnership because of change in partners

Acts or practices that are not interferences with privacy

             (1)  If:

                     (a)  an organisation (the new partnership ) that is a partnership forms at the same time as, or immediately after, the dissolution of another partnership (the old partnership ); and

                     (b)  at least one person who was a partner in the old partnership is a partner in the new partnership; and

                     (c)  the new partnership carries on a business that is the same as, or similar to, a business carried on by the old partnership; and

                     (d)  the new partnership holds, immediately after its formation, personal information about an individual that the old partnership held immediately before its dissolution;

neither the disclosure (if any) by the old partnership, nor the collection (if any) by the new partnership, of the information that was necessary for the new partnership to hold the information immediately after its formation constitutes an interference with the privacy of the individual .

Note:          Subsection (1) lets personal information be passed on from an old to a new partnership. However, in using or holding the information, they must comply with the Australian Privacy Principles and a registered APP code that binds them. For example, the new partnership's use of personal information collected from the old partnership may constitute an interference with privacy if it breaches Australian Privacy Principle 6.

Effect of subsection (1)

             (2)  Subsection (1) has effect despite subsections 13(1) and (3).



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