QR Codes Can Not be Enforced – Tracking and Tracing is un-constitutional

The internet is rife with people posting misinformation.

The following is just another example of (deliberate) false information.

A content creator on YouTube by the handle of Beardy 33 made a video stating that QR codes cannot be enforced as per Australian federal legislation called the “Privacy Amendment Act” or to be more specific the Privacy Amendment (Public Health Contact Information) Act 2020.

He stated that under section 94F of that Act “QR codes are not mandatory and any employee forcing a customer to use a QR code can face up to 5 years jail time”

He went to the trouble of printing a “PUBLIC NOTICE”, telling you what to do with the information.

See his instructions:

(This video has since been deleted, which appeared at: https://www.youtube.com/watch?v=g-Xj8HKArD4)

This sounds EXCELLENT, as we love our (god given?) freedoms that governments take away from us.

So what do you do?

You go out and print these 'flyers' and then harass business owners, right?

Well the is a huge problem with this, because the information you show this business owner is actually false information.

Nowhere in the section of that Act, does it say anything about QR codes, any action being 'mandatory' or any employee 'forcing' a customer.

The section that he is referring to factually states the following:

94F  COVID app data in the National COVIDSafe Data Store

             (1)  A person commits an offence if:

                     (a)  the person retains data on a database outside Australia; and

                     (b)  the data is COVID app data that has been uploaded 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:

                     (a)  the person discloses data to another person who is outside Australia; and

                     (b)  the data is COVID app data that has been uploaded from a communication device to the National COVIDSafe Data Store; and

                     (c)  the person is not a person who:

                              (i)  is employed by, or in the service of, a State or Territory health authority; and

                             (ii)  discloses the data for the purpose of, and only to the extent required for the purpose of, undertaking contact tracing.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

See legislation at: https://www.legislation.gov.au/Details/C2020A00044

After we made him aware of his deliberate spreading of false information, his response was completely off topic:

It seems that ol' Beardy's brain cell is a bit fried, or he's just another 'constitutional' flog, like Wayne Glew, but that's another story.