(1) This section applies in relation to sensitive information if:
(a) the information is about an individual mentioned in paragraph 57DB(2)(a); and
(b) the information is obtained by a data provider for the purpose of determining whether the individual is a fit and proper person to access and use safety and security information; and
(c) the data provider is a small business operator within the meaning of the Privacy Act 1988 ; and
(d) that Act would not, apart from this section, apply to the data provider in relation to the information about the individual.
Note: The Privacy Act 1988 generally does not apply in relation to small business operators, except in relation to certain activities (see sections 6C to 6E of that Act).
Application of Privacy Act 1988
(2) Subject to this Division, the Privacy Act 1988 applies in relation to the sensitive information as if the data provider were an organisation within the meaning of that Act.
(3) The administration of this section is a privacy function for the purposes of the Australian Information Commissioner Act 2010 .
Note: See the definition of privacy function in section 9 of the Australian Information Commissioner Act 2010 .