Commonwealth Consolidated Acts

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PRIVACY ACT 1988 - SECT 94C

Constitutional basis of this Part

Principal constitutional basis

             (1)  This Part relies on the Commonwealth's legislative powers with respect to matters that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation.

Additional operation of this Part

             (2)  In addition to subsection (1), this Part also has effect as provided by subsections (3) to (5).

             (3)  This Part also has effect as if a reference in this Part to COVID app data were expressly confined to a reference to COVID app data that was collected or generated for the purposes of quarantine (within the meaning of paragraph 51(ix) of the Constitution).

             (4)  This Part also has effect as if a reference in this Part to COVID app data were expressly confined to a reference to COVID app data that was collected or generated using a service of a kind to which paragraph 51(v) of the Constitution applies (postal, telegraphic, telephonic and other like services).

             (5)  This Part also has effect as if it were expressly confined to giving effect to Australia's obligations under the International Covenant on Civil and Political Rights done at New York on 16 December 1966 ([1980] ATS 23), and in particular Article 17 of the Covenant, in relation to COVID app data.

Note:          The Covenant is set out in Australian Treaty Series 1980 No. 23 ([1980] ATS 23) and could in 2020 be viewed in the Australian Treaties Library on the AustLII website (www.austlii.edu.au).



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