Offences to QR Code use under the Privacy ACT

If you get bullied or threatened by supermarket workers, know that you have the right to protect your details under the Privacy Act.

Download your QR Code and show the supermarket worker(s) your QR Code which will point them to the facts regarding your rights.

Example: A supermarket worker must not threaten a customer to use QR Code or refuse a person entry to the supermarket because they haven’t used the QR Code or downloaded COVIDSafe or Service Victoria APP.

Under the Privacy Act 1988, Part VIIIA—Public health contact information, Division 2—Offences relating to COVID app data and COVIDSafe – in particular refer to sections 94H

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.

The states cannot enforce any legislation that relates to telecommunications or QR codes. This is because the Australian Communications and Media Authority (ACMA) always enacts the Commonwealth legislation and the regulations for all of Australia’s telecommunications.

The Commonwealth Constitution, section 109 “When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid”.

The federal government has the sole jurisdiction over the states regarding the use of QR codes (telecommunication devices).