Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Except so far as the contrary intention appears, a reference in this Act (other than section 8) to an act or to a practice is a reference to:
(a) an act done, or a practice engaged in, as the case may be, by an agency (other than an eligible hearing service provider), a file number recipient, a credit reporting body or a credit provider other than:
(i) an agency specified in any of the following provisions of the Freedom of Information Act 1982 :
(A) Schedule 1;
(B) Division 1 of Part I of Schedule 2;
(C) Division 1 of Part II of Schedule 2; or
(ii) a federal court; or
(iia) a court of Norfolk Island; or
(iii) a Minister; or
(iiia) the National Anti - Corruption Commissioner; or
(iiib) the Inspector of the National Anti - Corruption Commission; or
(iv) the ACC; or
(v) a Royal Commission; or
(vi) a Commission of inquiry; or
(b) an act done, or a practice engaged in, as the case may be, by a federal court or by an agency specified in Schedule 1 to the Freedom of Information Act 1982 , being an act done, or a practice engaged in, in respect of a matter of an administrative nature; or
(ba) an act done, or a practice engaged in, as the case may be, by a court of Norfolk Island, being an act done, or a practice engaged in, in respect of a matter of an administrative nature; or
(c) an act done, or a practice engaged in, as the case may be, by an agency specified in Division 1 of Part II of Schedule 2 to the Freedom of Information Act 1982 , other than an act done, or a practice engaged in, in relation to a record in relation to which the agency is exempt from the operation of that Act; or
(ca) an act done, or a practice engaged in, as the case may be, by a part of the Defence Department specified in Division 2 of Part I of Schedule 2 to the Freedom of Information Act 1982 , other than an act done, or a practice engaged in, in relation to the activities of that part of the Department; or
(cc) an act done, or a practice engaged in, as the case may be, by an eligible hearing service provider in connection with the provision of hearing services under an agreement made under Part 3 of the Hearing Services Administration Act 1997 ; or
(d) an act done, or a practice engaged in, as the case may be, by a Minister in relation to the affairs of an agency (other than an eligible hearing service provider), not being an act done, or a practice engaged in, in relation to an existing record; or
(e) an act done, or a practice engaged in, as the case may be, by a Minister in relation to a record that is in the Minister's possession in his or her capacity as a Minister and relates to the affairs of an agency (other than an eligible hearing service provider); or
(ec) an act done, or a practice engaged in, as the case may be, by a Minister in relation to the affairs of an eligible hearing service provider, being affairs in connection with the provision of hearing services under an agreement made under Part 3 of the Hearing Services Administration Act 1997 ; or
(ed) an act done, or a practice engaged in, as the case may be, by a Minister in relation to a record that is in the Minister's possession in his or her capacity as a Minister and relates to the affairs of an eligible hearing service provider, being affairs in connection with the provision of hearing services under an agreement made under Part 3 of the Hearing Services Administration Act 1997 ; or
(ee) an act done, or a practice engaged in, by an organisation, other than an exempt act or exempt practice (see sections 7B and 7C);
but does not include a reference to an act done, or a practice engaged in, in relation to a record that has originated with, or has been received from:
(f) an intelligence agency;
(g) the Defence Intelligence Organisation or the Australian Geospatial - Intelligence Organisation; or
(ga) the National Anti - Corruption Commissioner or another staff member of the NACC (within the meaning of the National Anti - Corruption Commission Act 2022 ); or
(gb) the Inspector of the National Anti - Corruption Commission or a person assisting the Inspector (within the meaning of the National Anti - Corruption Commission Act 2022 ); or
(h) the ACC or the Board of the ACC.
(1A) Despite subsections (1) and (2), a reference in this Act (other than section 8) to an act or to a practice does not include a reference to the act or practice so far as it involves the disclosure of personal information to:
(a) the Australian Security Intelligence Organisation; or
(b) the Australian Secret Intelligence Service; or
(c) the Australian Signals Directorate.
(1B) Despite subsections (1) and (2), a reference in this Act (other than section 8) to an act or to a practice does not include a reference to the act or practice by an agency with an intelligence role or function (within the meaning of the Office of National Intelligence Act 2018 ) so far as it involves the disclosure of personal information to the Office of National Intelligence.
(2) Except so far as the contrary intention appears, a reference in this Act (other than section 8) to an act or to a practice includes, in the application of this Act otherwise than in respect of the Australian Privacy Principles, a registered APP code and the performance of the Commissioner's functions in relation to the principles and such a code, a reference to an act done, or a practice engaged in, as the case may be, by an agency specified in Part I of Schedule 2 to the Freedom of Information Act 1982 or in Division 1 of Part II of that Schedule other than:
(a) an intelligence agency;
(b) the Defence Intelligence Organisation or the Australian Geospatial - Intelligence Organisation; or
(c) the ACC or the Board of the ACC.
(3) Except so far as the contrary intention appears, a reference in this Act to doing an act includes a reference to:
(a) doing an act in accordance with a practice; or
(b) refusing or failing to do an act.
(4) For the purposes of section 28, of paragraphs 28A(2)(a) to (e), of subsection 31(2) and of Part VI, this section has effect as if a reference in subsection (1) of this section to an act done, or to a practice engaged in, included a reference to an act that is proposed to be done, or to a practice that is proposed to be engaged in, as the case may be.