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PRIVACY ACT 1988 - SECT 6D

Small business and small business operators

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); or

                      (f)  is a credit reporting body.

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.



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