Privacy Act 1988

PART IIIB - PRIVACY CODES  

Division 2 - Registered APP codes  

Subdivision C - Variation and removal of registered APP codes  

SECTION 26J   VARIATION OF REGISTERED APP CODES  

26J(1)    
The Commissioner may, in writing, approve a variation of a registered APP code:

(a) on his or her own initiative; or

(b) on application by an APP entity that is bound by the code; or

(c) on application by a body or association representing one or more APP entities that are bound by the code.

26J(2)    
An application under paragraph (1)(b) or (c) must:

(a) be made in the form and manner specified by the Commissioner; and

(b) be accompanied by such information as is specified by the Commissioner.

26J(3)    
If the Commissioner varies a registered APP code on his or her own initiative, then, despite subsection 26C(3)(b) , the variation must not deal with an act or practice that is exempt within the meaning of subsection 7B(1) , (2) or (3) .

26J(4)    
Before deciding whether to approve a variation, the Commissioner must:

(a) make a draft of the variation publicly available; and

(b) consult any person the Commissioner considers appropriate about the variation; and

(c) consider the extent to which members of the public have been given an opportunity to comment on the variation.

26J(5)    
In deciding whether to approve a variation, the Commissioner may consider the matters specified in any relevant guidelines made under section 26V .

26J(6)    
If the Commissioner approves a variation of a registered APP code (the original code ), the Commissioner must:

(a) remove the original code from the Codes Register; and

(b) register the APP code, as varied, by including it on the Register.

26J(7)    
If the Commissioner approves a variation, the variation comes into effect on the day specified in the approval, which must not be before the day on which the APP code, as varied, is included on the Codes Register.

26J(8)    
An approval is not a legislative instrument.

Note:

The APP code, as varied, is a legislative instrument once it is included on the Codes Register: see section 26B .