Privacy Act 1988, section 6D: a small business that discloses personal information for a benefit loses the exemption (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), s. 6D(1), (4)(c), (7))
A business with turnover of $3 million or less is normally outside the APPs, but not if it discloses personal information to anyone for a benefit, service or advantage, unless it has the individual's consent. My reading: a licence fee is such a benefit (the OAIC says any financial payment counts), so a small Australian holder is covered.
Dated 18 Oct 2026Source checked 18 Oct 2026Basis: primary text
In the source's own words
“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. ... (c) discloses personal information about another individual to anyone else for a benefit, service or advantage; ... (a) with the consent of the other individual; or (b) as required or authorised by or under legislation.”
Where it was read
Also read from the same source
- Privacy Act 1988, Schedule 1, APP 6.1 and 6.2(a): use or disclosure for a secondary purpose (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), Sch 1, APP 6.1, 6.2(a))
- Privacy Act 1988, Schedule 1, APP 8.1 and 8.2(b): disclosure to an overseas recipient (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), Sch 1, APP 8.1, 8.2(b))
- Privacy Act 1988, Schedule 1, APP 8.3: disclosure to a prescribed country or binding scheme (in force from 11 December 2024) (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), Sch 1, APP 8.3)
- Privacy Act 1988, section 16C: the holder is accountable for the overseas recipient's breaches (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), s. 16C(2))
- Privacy Act 1988, section 100(1A): what the Minister must be satisfied of before prescribing a country (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), s. 100(1A))
- Privacy Act 1988, section 6(1): definition of de-identified (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), s. 6(1) (definition of de-identified))
Figures it counts in
It is shown on its own, not counted into a figure.
Cited in these 2 guides