Document ID: chunk:federal_register_of_legislation:C2024C00820:section:9:p2
Version: federal_register_of_legislation:C2024C00820
Segment Type: section
Provision Reference: s 9 (pt 2/4)
Character Range: 16898–19782

breaches this Act if the data scheme entity engages in conduct that contravenes, or is inconsistent with, this Act.
Circuit Court means the Federal Circuit and Family Court of Australia (Division 2).
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Commissioner means the National Data Commissioner referred to in section 41.
Commonwealth body:
 (a) means:
 (i) a Commonwealth entity, or a Commonwealth company, within the meaning of the Public Governance, Performance and Accountability Act 2013; or
 (ii) any other person or body that is an agency within the meaning of the Freedom of Information Act 1982; but
 (b) does not include an Australian university.
complex data integration service: see subsection 16D(3).
condition of accreditation means a condition:
 (a) prescribed by the rules for the purposes of subsection 77B(1); or
 (b) imposed under section 74, 78 or 84.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
Council means the National Data Advisory Council established by section 61.
court/tribunal order means an order, direction or other instrument made by:
 (a) a court; or
 (b) a judge (including a judge acting in a personal capacity) or a person acting as a judge; or
 (c) a magistrate (including a magistrate acting in a personal capacity) or a person acting as a magistrate; or
 (d) any other person or body that has the power to act judicially under a law of the Commonwealth or a State or Territory; or
 (e) a tribunal; or
 (f) a member or an officer of a tribunal;
and includes an order, direction or other instrument that is of an interim or interlocutory nature.
data means any information in a form capable of being communicated, analysed or processed (whether by an individual or by computer or other automated means).
data breach: see section 35.
data code: see subsection 126(1).
data custodian: see subsection 11(2).
data scheme entity: see subsection 11(1).
data service means any operation performed on or in relation to data, at any stage from collection or creation to destruction.
data sharing agreement: see section 18.
data sharing purpose: see subsection 15(1).
data sharing scheme means this Act and the regulations, rules, data codes and guidelines made under it.
Defence Department means the Department administered by the Minister administering the Defence Act 1903.
de‑identification data service: see subsection 16C(3).
de‑identified has the same meaning as in the Privacy Act 1988.
delivery of government services: see subsection 15(1A).
designated individual: see section 123.
designation: see section 123.
electronic communication means a communication of information in any form by means of guided electromagnetic energy, unguided electromagnetic energy or both.
enforcement related purpose: see subsection 15(3).
engage in conduct means:
 (a) do an