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 a registered APP 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 a registered APP 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 National Archives of Australia

             (3)  An act or practice does not breach a registered APP 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 National Archives of Australia to decide whether to accept, or to arrange, care (as defined in that Act) of the record.

No breach--act or practice outside Australia

             (4)  An act or practice does not breach a registered APP 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).