Document ID: chunk:federal_register_of_legislation:C2004A00748:clause:1_6c:p2
Version: federal_register_of_legislation:C2004A00748
Segment Type: clause
Provision Reference: sch 1 cl 6C (pt 2/2)
Character Range: 20810–22581

(f) a person holding or performing the duties of an appointment made, otherwise than under a law of a State or Territory, by:
 (i) a Governor of a State; or
 (ii) the Australian Capital Territory Executive; or
 (iii) the Administrator of the Northern Territory; or
 (iv) the Administrator of Norfolk Island; or
 (v) a State or Territory Minister; or
 (vi) a person holding an executive office mentioned in section 12 of the Norfolk Island Act 1979; or
 (g) a State or Territory court.

Making regulations to stop instrumentalities being organisations

 (4) Before the Governor‑General makes regulations prescribing an instrumentality of a State or Territory for the purposes of the definition of organisation in subsection (1), the Minister must:
 (a) be satisfied that the State or Territory has requested that the instrumentality be prescribed for those purposes; and
 (b) consider:
 (i) whether treating the instrumentality as an organisation for the purposes of this Act adversely affects the government of the State or Territory; and
 (ii) the desirability of regulating under this Act the collection, holding, use, correction, disclosure and transfer of personal information by the instrumentality; and
 (iii) whether the law of the State or Territory regulates the collection, holding, use, correction, disclosure and transfer of personal information by the instrumentality to a standard that is at least equivalent to the standard that would otherwise apply to the instrumentality under this Act; and
 (c) consult the Commissioner about the matters mentioned in subparagraphs (b)(ii) and (iii).

State does not include Territory

 (5) In this section:

State does not include the Australian Capital Territory or the Northern Territory (despite subsection 6(1)).