Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 6B

Breach if contrary to, or inconsistent with, code

             (1)  For the purposes of this Act, an act or practice breaches an approved privacy 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 an approved privacy 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 Archives

             (3)  An act or practice does not breach an approved privacy 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 Archives (as defined in that Act) to decide whether to accept, or to arrange, custody of the record.

No breach--act or practice outside Australia

             (4)  An act or practice does not breach an approved privacy 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).