Australian Capital Territory Current Acts Australian Capital Territory Current ActsIn schedule 1:
"Australian law"—
(a) means a Territory, Commonwealth or State law; and
(b) includes the common law.
Note State includes the Northern Territory (see Legislation Act
, dict, pt 1).
"collects", personal information—see section 15.
"court or tribunal order"—
(a) means an order, direction or other instrument made by an ACT court; and
(b) includes an order, direction or other instrument of an interim or interlocutory nature.
"de-identified", personal information—see section 18.
"enforcement body" means any of the following:
(a) the Australian Federal Police;
(b) a State police force or service;
Note State includes the Northern Territory (see Legislation Act
, dict, pt 1).
(c) the DPP or similar body established under a Commonwealth or State law;
(d) a body established under a territory, Commonwealth or State law to the extent that it is responsible for administering, or exercising a function under—
(i) a law that imposes a penalty or sanction; or
(ii) a law prescribed by regulation;
(e) a body established under a territory, Commonwealth or State law to conduct criminal investigations or inquiries;
(f) a body established under a territory, Commonwealth or State law to the extent that it is responsible for administering a law relating to the protection of public revenue;
(g) the integrity commission;
(h) a body prescribed by regulation.
"enforcement-related activity" means—
(a) the prevention, detection, investigation, prosecution or punishment of—
(i) criminal offences; or
(ii) breaches of a law imposing a penalty or sanction; or
(b) the conduct of surveillance activities, intelligence gathering activities or monitoring activities; or
(c) the conduct of protective or custodial activities; or
(d) the enforcement of law relating to the confiscation of the proceeds of crime; or
(e) the protection of public revenue; or
(f) the prevention, detection, investigation or remedying of misconduct of a serious nature, or other conduct prescribed by regulation; or
(g) the prevention, detection or investigation of corrupt conduct; or
(h) the preparation for, or conduct of, a proceeding before a court or tribunal; or
(i) the implementation of a court or tribunal order.
"holds", personal information—see section 16.
"permitted general situation", in relation to the collection, use or disclosure of personal information—see section 19.
"related body corporate"—see the Corporations Act
"sensitive information", in relation to an individual, means personal information that is—
(a) about the individual's—
(i) racial or ethnic origin; or
(ii) political opinions; or
(iii) membership of a political association; or
(iv) religious beliefs or affiliations; or
(v) philosophical beliefs; or
(vi) membership of a professional or trade association; or
(vii) membership of a trade union; or
(viii) sexual orientation or practices; or
(ix) criminal record; or
(b) genetic information about the individual; or
(c) biometric information about the individual that is to be used for the purpose of automated biometric verification or biometric identification; or
(d) a biometric template that relates to the individual.
Note Sensitive information does not include personal health information (see s 8).
"solicits", personal information—see section 17.
"territory record"—see the Territory Records Act 2002
, section 9 (3).
"TPP privacy policy"—see TPP 1.3.