Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 6F

Regulations treating a State instrumentality etc. as an organisation

             (1)  This Act applies, with the prescribed modifications (if any), in relation to a prescribed State or Territory authority or a prescribed instrumentality of a State or Territory (except an instrumentality that is an organisation because of section 6C) as if the authority or instrumentality were an organisation.

Note 1:       The regulations may prescribe different modifications of the Act for different authorities or instrumentalities. See subsection 33(3A) of the Acts Interpretation Act 1901 .

Note 2:       Regulations may prescribe an authority or instrumentality by reference to one or more classes of authority or instrumentality. See subsection 46(2) of the Acts Interpretation Act 1901 .

What are modifications ?

             (2)  In this section:

"modifications" includes additions, omissions and substitutions.

Making regulations to treat instrumentality etc. as organisation

             (3)  Before the Governor‑General makes regulations prescribing a State or Territory authority or instrumentality of a State or Territory for the purposes of subsection (1), the Minister must:

                     (a)  be satisfied that the relevant State or Territory has requested that the authority or instrumentality be prescribed for those purposes; and

                     (b)  consult the Commissioner about the desirability of regulating under this Act the collection, holding, use, correction, disclosure and transfer of personal information by the authority or instrumentality.