Commonwealth Consolidated Acts
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PRIVACY ACT 1988 – SECT 94H
Requiring the use of COVIDSafe
(1) A person commits an offence if the person requires another person to:
(a) download COVIDSafe to a communication device; or
(b) have COVIDSafe in operation on a communication device; or
(c) consent to uploading COVID app data from a communication device to the National COVIDSafe Data Store.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(2) A person commits an offence if the person:
(a) refuses to enter into, or continue, a contract or arrangement with another person (including a contract of employment); or
(b) takes adverse action (within the meaning of the Fair Work Act 2009 ) against another person; or
(c) refuses to allow another person to enter:
(i) premises that are otherwise accessible to the public; or
(ii) premises that the other person has a right to enter; or
(d) refuses to allow another person to participate in an activity; or
(e) refuses to receive goods or services from another person, or insists on providing less monetary consideration for the goods or services; or
(f) refuses to provide goods or services to another person, or insists on receiving more monetary consideration for the goods or services;
on the ground that, or on grounds that include the ground that, the other person:
(g) has not downloaded COVIDSafe to a communication device; or
(h) does not have COVIDSafe in operation on a communication device; or
(i) has not consented to uploading COVID app data from a communication device to the National COVIDSafe Data Store.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(a) subsection (2) is a workplace law for the purposes of the Fair Work Act 2009 ; and
(b) the benefit that the other person derives because of an obligation of the person under subsection (2) is a workplace right within the meaning of Part 3-1 of that Act.
Pay attention to details. That’s for the old obsolete “COVIDSafe” one that used Bluetooth. The new BS with QR tech isn’t even mentioned, which make it what? If it’s not covered in the Privacy Act than how can it be lawful to enforce…at all?
Prof. Petrocski’s vaccine prevented from being made available.
Editor, please investigate Aust. Fed. Min for Health and his connections to The Great Reset madman, Nazi Klaus Schwab. No wonder Ivermectin is banned from Doctors prescribing and Pharmacists providing as well as South Australian Professor Nikolai Petrovski’s ethical Covax (without the poisons) being made available to Australians. Morrison and Greg Hunt, Body Hunters….obsessed with enforcing Population Reduction.
This link is from RDA -a letter to Coles regarding forced vaxxing of their staff. However, for customers, click on the FOLLOW THIS LINK TO THEIR CONTACT US PAGE and ask if Coles intend only permitting vaxxed customers in store in the future. And if so, how do they intend obtaining that private information. https://www.reignitedemocracyaustralia.com.au/open-letter-coles/
This legislation is designed to keep the use of the COVIDSAFE app voluntary.
It does not apply to vaccination status in general.
How confusing it all gets. Of course they want it to be…
Can we ever know what we can or can’t do and not get convicted?
the other ‘little’ problem is that the commonwealth privacy act ONLY applies to Australian Government agencies and organisations with an annual turnover of more than $3 million, and some other specific organisations that handle personal information. It does NOT therefore purport to apply to private corporation or State government agencies.
The question is, if I test this by showing a copy to the supermarket security/manager and they still refuse me entry & call the police, who defends me when they issue a massive fine despite me saying, ‘but, but, but…it’s the Law..?
If this law is valid, surely someone would have tested it in the courts by now?
further to my earlier comment the problem is that while 94H covers the field it will be ignored because it requires the courts to specifically decide that this is the case. Until then the States, employers and venues will continue to obey the States draconian and illegal mandates under penalty of death (business death due to obscenely unjust and unreasonable fines and penalties and potential personal death (suicides) because of obscenely unjust and unreasonable fines and penalties on the business and individual business owners and being locked up with the key thrown away)
The main substance of the legislation, with respect to permanent employees is correct, HOWEVER, where the rubber hits the road is in the area of casual staff. The employers are not “discriminating against them for standing under s94H, they just “haven’t got enough hours for them to work”. It’s absolute blackmail, but unprovable.
At least four shop assistants have told me that they are on a knife edge between non-accepting of jabs and/or testing and not getting enough hours to pay their way.
So yes,whilst the government cannot legislate this stuff, they’re getting businesses to do the dirty work for them.
The problem with the Privacy Act is that psychopathic Premiers and CMOs who are prepared to kill both adults and children, are unlikely to care about human rights.
We should have killed these monsters when we had the chance.
Federal legislation overrides any state statutes. Editor
to All Thank You!
How is this real when they are all doing the opposite ?
It all seems to make you think the PRIVACY ACT 1988 – SECT 94H must be null & void under this government, Surely the government can’t be that stupid to breach this act unless the emergency act overrides the privacy act altogether along with our constitution.
This needs to be tested in court until then unfortunately the businesses & folk will follow without challenge.
I am aware of this – how does it translate to the individual state apps?
Yes but the Covid safe app is different to thr state ones. Can this legislation apply?
Commonwealth legislation that ‘covers the field’ for the purpose of s.109 of the Australian constitution and thereby renders conflicting states laws invalid
Holy shite. Protection I didn’t know I had. Thank you. It was worrying me a bit about how I’d go about shopping if I ever were pushed back from the store door and not allowed to shop. It appears that, essentially, I can call the police if not allowed in. Might be a good idea to print off a copy of the PRIVACY ACT 1988 – SECT 94H and stick it in the wallet or purse. Or, put a copy on one’s phone. I feel better now. Thumbs up to you – again.