Commonwealth Numbered Acts

PRIVACY ACT 1988 No. 119, 1988 - SECT 7

7. (1) Except so far as the contrary intention appears, a reference in this
Act (other than section 8) to an act or to a practice is a reference to:

   (a)  an act done, or a practice engaged in, as the case may be, by an
        agency or a file number recipient other than:

        (i)    an agency specified in Schedule 1 or 2 to the Freedom of 
               Information Act 1982 ;

        (ii)   a federal court or a court of the Australian Capital Territory;

        (iii)  a Minister;

        (iv)   the National Crime Authority; or

        (v)    a Royal Commission;

   (b)  an act done, or a practice engaged in, as the case may be, by a
        federal court, a court of the Australian Capital Territory or an
        agency specified in Schedule 1 to the Freedom of Information Act 1982,
        being an act done, or a practice engaged in, in respect of a matter of
        an administrative nature;

   (c)  an act done, or a practice engaged in, as the case may be, by an
        agency specified in Part II of Schedule 2 to the
        Freedom of Information Act 1982, other than an act done, or a practice
        engaged in, in relation to a record in relation to which the agency is
        exempt from the operation of that Act;

   (d)  an act done, or a practice engaged in, as the case may be, by a
        Minister in relation to the affairs of an agency, not being an act
        done, or a practice engaged in, in relation to an existing record; or

   (e)  an act done, or a practice engaged in, as the case may be, by a
        Minister in relation to a record that is in the Minister's possession
        in his or her capacity as a Minister and relates to the affairs of an
        agency; but does not include a reference to an act done, or a practice
        engaged in, in relation to a record that has originated with, or has
        been received from:

   (f)  an intelligence agency;

   (g)  the Defence Signals Directorate or the Joint Intelligence Organisation
        of the Department of Defence; or

   (h)  the National Crime Authority.

(2) Except so far as the contrary intention appears, a reference in this Act
(other than section 8) to an act or to a practice includes, in the application
of this Act otherwise than in respect of the Information Privacy Principles
and the performance of the Commissioner's functions under section 27, a
reference to an act done, or a practice engaged in, as the case may be, by an
agency specified in Schedule 2 to the Freedom of Information Act 1982 other
than:

   (a)  an intelligence agency;

   (b)  the Defence Signals Directorate or the Joint Intelligence Organisation
        of the Department of Defence; or

   (c)  the National Crime Authority.

(3) Except so far as the contrary intention appears, a reference in this Act
to doing an act includes a reference to:

   (a)  doing an act in accordance with a practice; or

   (b)  refusing or failing to do an act.

(4) For the purposes of paragraphs 27 (1) (b), (c), (d), (e), (g), (k), (m)
and (n), of subsection 31 (2) and of Part VI, this section has effect as if a
reference in subsection (1) of this section to an act done, or to a practice
engaged in, included a reference to an act that is proposed to be done, or to
a practice that is proposed to be engaged in, as the case may be.