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PRIVACY ACT 1988 No. 119, 1988 - SECT 7
Acts and practices of agencies and file number recipients
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.
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