Document ID: chunk:federal_register_of_legislation:C2020A00044:clause:1_94d:p2
Version: federal_register_of_legislation:C2020A00044
Segment Type: clause
Provision Reference: sch 1 cl 94D (pt 2/3)
Character Range: 11268–13940

administrator for the purpose of, and only to the extent required for the purpose of, confirming that the correct data is being deleted.
 (3) Subsection (1) does not apply to the collection of COVID app data if:
 (a) the collection of the COVID app data:
 (i) occurs as part of the collection, at the same time, of data that is not COVID app data (non‑COVID app data); and
 (ii) is incidental to the collection of the non‑COVID app data; and
 (b) the collection of the non‑COVID app data is permitted under an Australian law; and
 (c) the COVID app data:
 (i) is deleted as soon as practicable after the person becomes aware that it had been collected; and
 (ii) is not otherwise accessed, used or disclosed by the person after it was collected.
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.
 (4) The admissibility of the non‑COVID app data as evidence in any proceedings is not affected by the incidental collection of the COVID app data, or by the subsequent deletion of the COVID app data as required by subparagraph (3)(c)(i).
 (5) COVID app data is data relating to a person that:
 (a) has been collected or generated (including before the commencement of this Part) through the operation of COVIDSafe; and
 (b) either:
 (i) is registration data; or
 (ii) is stored, or has been stored (including before the commencement of this Part), on a communication device.
However, it does not include:
 (c) information obtained, from a source other than directly from the National COVIDSafe Data Store, in the course of undertaking contact tracing by a person employed by, or in the service of, a State or Territory health authority; or
 (d) de‑identified statistical information about the total number of registrations through COVIDSafe that is produced by:
 (i) an officer or employee of the data store administrator; or
 (ii) a contracted service provider for a government contract with the data store administrator.
 (6) Contact tracing is the process of identifying persons who have been in contact with a person who has tested positive for the coronavirus known as COVID‑19, and includes:
 (a) notifying a person that the person has been in contact with a person who has tested positive for the coronavirus known as COVID‑19; and
 (b) notifying a person who is a parent, guardian or carer of another person that the other person has been in contact with a person who has tested positive for the coronavirus known as COVID‑19; and
 (c) providing information and advice to a person who:
 (i) has tested positive for the coronavirus known as COVID‑19; or
 (ii) is a parent, guardian