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Information Privacy Act 2014
25Exempt acts or practices
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25 Exempt acts or practices
(1) This Act does not apply to the following acts and practices:
(a) for a Minister—an act done, or a practice engaged in, by the
Minister other than an act done, or a practice engaged in, by the
Minister in relation to the affairs of a public sector agency
administered by the Minister;
(b) for an ACT court—an act done, or a practice engaged in, by the
ACT court other than an act done, or a practice engaged in, by
the ACT court in relation to a matter of an administrative nature;
(c) for the Office of the Legislative Assembly—an act done, or a
practice engaged in, by the Office in exercising a function in
relation to a proceeding of the Legislative Assembly;
Part 4 Exemptions from application of Act
Section 25
page 18 Information Privacy Act 2014
Effective: 16/12/25
R13
16/12/25
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(d) for officers of the Assembly—an act done, or a practice engaged
in, by the officer of the Assembly other than an act done, or a
practice engaged in, by the officer in relation to a matter of an
administrative nature;
(e) an act done, or a practice engaged in, by a public sector agency
in relation to information that is taken to be contrary to the
public interest to disclose under the FOI Act, schedule 1
(f) an act done, or a practice engaged in, by a public sector agency
in relation to a record that has originated with, or has been
received from, a Commonwealth enforcement or intelligence
body;
(g) an act done, or a practice engaged in, by a public sector agency
that involves the disclosure of personal information to a
Commonwealth intelligence body if the body, in connection
with its functions, requests that the agency disclose the personal
information and—
(i) the disclosure is made to an officer or employee of the
Commonwealth intelligence body authorised in writing by
the head (however described) of the body to receive the
disclosure; and
(ii) the officer or employee certifies in writing that the
disclosure is connected with the performance of the body’s
functions;
(h) for an agency prescribed by regulation—an act done, or a
practice engaged in, by the agency in relation to a matter
prescribed by regulation.
Note A reference to an act done, or a practice engaged in, by a public sector
agency includes a reference to a person exercising a function of the
agency, whether under a delegation, subdelegation or otherwise (see
Legislation Act, s 184A).
Exemptions from application of Act Part 4
Section 25
R13
16/12/25
Information Privacy Act 2014
Effective: 16/12/25
page 19
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(2) In this section:
Commonwealth enforcement or intelligence body means the
following:
(a) a Commonwealth intelligence body;
(b) the Office of National Intelligence established under the Office
of National Intelligence Act 2018 (Cwlth), section 6;
(c) that part of the Defence Department known as the Defence
Intelligence Organisation;
(d) that part of the Defence Department known as the Australian
Geospatial-Intelligence Organisation;
(e) the National Anti-Corruption Commissioner appointed under
the National Anti-Corruption Commission Act 2022 (Cwlth),
section 241;
(f) a staff member of the National Anti-Corruption Commission
established under the National Anti-Corruption Commission
Act 2022 (Cwlth), section 20;
(g) the Australian Crime Commission established under the
Australian Crime Commission Act 2002 (Cwlth), section 7;
(h) the board of the Australian Crime Commission established
under the Australian Crime Commission Act 2002 (Cwlth),
section 7B.
Commonwealth intelligence body means the following:
(a) the Australian Security Intelligence Organisation continued in
existence under the Australian Security Intelligence
Organisation Act 1979 (Cwlth), section 6;
(b) the Australian Secret Intelligence Service continued in existence
under the Intelligence Services Act 2001 (Cwlth), section 16;
(c) the Defence Signals Directorate of the Defence Department.