Document ID: chunk:federal_register_of_legislation:C2004A00748:clause:1_16d
Version: federal_register_of_legislation:C2004A00748
Segment Type: clause
Provision Reference: sch 1 cl 16D
Character Range: 55088–56839

16D  Delayed application of National Privacy Principles to small business

 (1) This section deals with the application of the National Privacy Principles to an organisation that carries on one or more small businesses throughout the delayed application period for the organisation. This section has effect despite section 16C.

 (2) National Privacy Principles 1, 3 (so far as it relates to collection of personal information) and 10 apply only in relation to the collection of personal information by the organisation after the delayed application period.

 (3) National Privacy Principles 3 (so far as it relates to personal information used or disclosed), 4, 5, 7 and 9 apply in relation to the organisation only after the delayed application period. Those Principles then apply in relation to personal information held by the organisation as a result of collection occurring before, during or after that period.

 (4) National Privacy Principles 2 and 6 apply only in relation to personal information collected by the organisation after the delayed application period.

 (5) National Privacy Principle 8 applies only to transactions entered into with the organisation after the delayed application period.

 (6) In this section:

delayed application period, for an organisation, means the period:
 (a) starting at the later of the following times:
 (i) the start of the day when this section commences;
 (ii) when the organisation became an organisation; and
 (b) ending at the earlier of the following times:
 (i) immediately before the first anniversary of the day when this section commences;
 (ii) when the organisation carries on either a business that is not a small business or a business that involves the provision of health services.