Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The CDR provisions apply to a person if:
(a) the person is a corporation; or
(b) the person is not a corporation, but the person:
(i) acts; or
(ii) omits to act;
in a way that affects, is capable of affecting or is taken with intent to affect the activities, functions, relationships or business of a corporation.
Note: For the meaning of corporation , see subsection 4(1).
(2) The CDR provisions also apply to:
(a) a person (whether or not a corporation) acting or omitting to act in the course of, or in relation to, the carrying on of:
(i) a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution); or
(ii) the business of banking, other than State banking (within the meaning of paragraph 51(xiii) of the Constitution) not extending beyond the limits of the State concerned; or
(iii) the business of insurance, other than State insurance (within the meaning of paragraph 51(xiv) of the Constitution) not extending beyond the limits of the State concerned; or
(b) a person (whether or not a corporation) :
(i) making a supply or communication; or
(ii) conducting an activity or otherwise doing something;
using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution); or
(c) a person (whether or not a corporation) acting or omitting to act in the course of, or in relation to:
(i) trade or commerce between Australia and places outside Australia; or
(ii) trade or commerce among the States; or
(iii) trade or commerce within a Territory, between a State or Territory or between 2 Territories; or
(d) an individual who is being, has been or is at risk of being subjected to interference, or attacks, of the kind described in paragraph 1 of Article 17 of the ICCPR; or
(e) a person (whether or not a corporation) who is undertaking, has undertaken or could undertake interference, or attacks, of the kind described in paragraph 1 of Article 17 of the ICCPR.
(3) Paragraphs (2)(d) and (e) give effect to Australia's obligations under the ICCPR.
(4) Section 6 (about the application of this Act to persons who are not corporations) does not apply in relation to the CDR provisions.
(5) In this section:
"ICCPR" means the International Covenant on Civil and Political Rights, done at New York on 16 December 1966, as amended and in force for Australia from time to time.
Note: The text of the International Covenant is set out in Australian Treaty Series 1980 No. 23 ([1980] ATS 23). In 2024, the text of a Covenant in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).