Document ID: chunk:federal_register_of_legislation:C2004A00748:clause:1_5b
Version: federal_register_of_legislation:C2004A00748
Segment Type: clause
Provision Reference: sch 1 cl 5B
Character Range: 2986–5146

5B  Extra‑territorial operation of Act

Application to overseas acts and practices of organisations

 (1) This Act (except Divisions 4 and 5 of Part III and Part IIIA) and approved privacy codes extend to an act done, or practice engaged in, outside Australia and the external Territories by an organisation if:
 (a) the act or practice relates to personal information about an Australian citizen or a person whose continued presence in Australia is not subject to a limitation as to time imposed by law; and
 (b) the requirements of subsection (2) or (3) are met.

Note: The act or practice overseas will not breach a National Privacy Principle or approved privacy code or be an interference with the privacy of an individual if the act or practice is required by an applicable foreign law. See sections 6A, 6B and 13A.

Organisational link with Australia

 (2) The organisation must be:
 (a) an Australian citizen; or
 (b) a person whose continued presence in Australia is not subject to a limitation as to time imposed by law; or
 (c) a partnership formed in Australia or an external Territory; or
 (d) a trust created in Australia or an external Territory; or
 (e) a body corporate incorporated in Australia or an external Territory; or
 (f) an unincorporated association that has its central management and control in Australia or an external Territory.

Other link with Australia

 (3) All of the following conditions must be met:
 (a) the organisation is not described in subsection (2);
 (b) the organisation carries on business in Australia or an external Territory;
 (c) the personal information was collected or held by the organisation in Australia or an external Territory, either before or at the time of the act or practice.

Power to deal with complaints about overseas acts and practices

 (4) Part V of this Act has extra‑territorial operation so far as that Part relates to complaints and investigation concerning acts and practices to which this Act extends because of subsection (1).

Note: This lets the Commissioner take action overseas to investigate complaints and lets the ancillary provisions of Part V operate in that context.