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HEALTHCARE IDENTIFIERS ACT 2010 - SECT 38

Severability--additional effect of Parts 3 and 4

  (1)   Without limiting their effect apart from each of the following subsections of this section, Parts   3 and 4 have effect in relation to a collection, use or disclosure of information as provided by that subsection.

  (2)   Parts   3 and 4 also have the effect they would have if their operation in relation to a collection, use or disclosure of information were expressly confined to a collection, use or disclosure taking place in the course of, or in relation to, trade or commerce:

  (a)   between Australia and places outside Australia; or

  (b)   among the States; or

  (c)   within a Territory, between a State and a Territory or between 2 Territories.

  (3)   Parts   3 and 4 also have the effect they would have if their operation in relation to a collection, use or disclosure of information were expressly confined to a collection, use or disclosure using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph   51(v) of the Constitution).

  (4)   Parts   3 and 4 also have the effect they would have if their operation in relation to a collection, use or disclosure of information were expressly confined to a collection, use or disclosure in relation to census or statistics (within the meaning of paragraph   51(xi) of the Constitution).

  ( 5 )   Parts   3 and 4 also have the effect they would have if their operation in relation to a collection, use or disclosure of information were expressly confined to a collection, use or disclosure in relation to aliens (within the meaning of paragraph   51(xix) of the Constitution).

  (6 )   Parts   3 and 4 also have the effect they would have if their operation in relation to a collection, use or disclosure of information were expressly confined to a collection, use or disclosure b y , or to, a trading, foreign or financial corporation (within the meaning of paragraph   51(xx) of the Constitution) .

  (7 )   Parts   3 and 4 also have the effect they would have if their operation in relation to a collection, use or disclosure of information were expressly confined to a collection, use or disclosure in relation to the provision of:

  (a)   sickness or hospital benefits; or

  (b)   medical or dental services (but not so as to authorise any form of civil conscription);

(within the meaning of paragraph   51(xxiiiA) of the Constitution).

  ( 8 )   Parts   3 and 4 also have the effect they would have if their operation in relation to a collection, use or disclosure of information were expressly confined to a collection, use or disclosure:

  (a)   in relation to which the Commonwealth is under an obligation under an international agreement , including, the International Covenant on Civil and Political Rights, and in particular Article 17 of the Covenant; or

Note:   The text of the Covenant is set out in Australian Treaty Series 1980 No.   23 ([1980] ATS 23). In 2010, a text of a Covenant in the Australian Treaties Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

  (b)   that is of international concern , including the international concern reflected by the Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data, recommended by the Council of the Organisation for Economic Co - operation and Development on 23   September 1980 .

Note:   In 2010, the text of the Guidelines was accessible through the Organisation for Economic Co - operation and Development website (www.oecd.org).

  ( 9 )   Parts   3 and 4 also have the effect they would have if their operation in relation to a collection, use or disclosure of information were expressly confined to a collection, use or disclosure by , or to , the Commonwealth or a Commonwealth authority.

  ( 10 )   Parts   3 and 4 also have the effect they would have if their operation in relation to a collection, use or disclosure of information were expressly confined to a collection, use or disclosure taking place in a Territory.


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