Section 6D — Privacy Act 1988: Small business and small business operators

What is a small business? (1) A business is a small business at a time (the test time) in a financial year (the current year) if its annual turnover for the previous financial year is $3,000,000 or less. Test for new business (2) However, if there was no time in the previous financial year when the business was carried on, the business is a small business at the test time only if its annual turnover for the current year is $3,000,000 or less. What is a small business operator? (3) A small business operator is an individual, body corporate, partnership, unincorporated association or trust that: (a) carries on one or more small businesses; and (b) does not carry on a business that is not a small business. Entities that are not small business operators (4) However, an individual, body corporate, partnership, unincorporated association or trust is not a small business operator if he, she or it: (a) carries on a business that has had an annual turnover of more than $3,000,000 for a financial year that has ended after the later of the following: (i) the time he, she or it started to carry on the business; (ii) the commencement of this section; or (b) provides a health service to another individual and holds any health information except in an employee record; or (c) discloses personal information about another individual to anyone else for a benefit, service or advantage; or (d) provides a benefit, service or advantage to collect personal information about another individual from anyone else; or (e) is a contracted service provider for a Commonwealth contract (whether or not a party to the contract); or (f) is a credit reporting body. Private affairs of small business operators who are individuals (5) Subsection (4) does not prevent an individual from being a small business operator merely because he or she does something described in paragraph (4)(b), (c) or (d): (a) otherwise than in the course of a business he or she carries on; and (b) only for the purposes of, or in connection with, his or her personal, family or household affairs. Non-business affairs of other small business operators (6) Subsection (4) does not prevent a body corporate, partnership, unincorporated association or trust from being a small business operator merely because it does something described in paragraph (4)(b), (c) or (d) otherwise than in the course of a business it carries on. Disclosure compelled or made with consent (7) Paragraph (4)(c) does not prevent an individual, body corporate, partnership, unincorporated association or trust from being a small business operator only because he, she or it discloses personal information about another individual: (a) with the consent of the other individual; or (b) as required or authorised by or under legislation. Collection with consent or under legislation (8) Paragraph (4)(d) does not prevent an individual, body corporate, partnership, unincorporated association or trust from being a small business operator only because he, she or it: (a) collects personal information about another individual from someone else: (i) with the consent of the other individual; or (ii) as required or authorised by or under legislation; and (b) provides a benefit, service or advantage to be allowed to collect the information. Related bodies corporate (9) Despite subsection (3), a body corporate is not a small business operator if it is related to a body corporate that carries on a business that is not a small business.