Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 6D

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).

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.