Privacy Act 1988

PART IIIB - PRIVACY CODES  

Division 2 - Registered APP codes  

Subdivision B - Development and registration of APP codes  

SECTION 26GA   DEVELOPMENT OF APP CODES BY THE COMMISSIONER - AT THE DIRECTION OF THE MINISTER  

Minister may give direction

26GA(1)    
The Minister may, in writing, direct the Commissioner to develop an APP code if the Minister is satisfied that it is in the public interest:

(a)    to develop the code; and

(b)    for the Commissioner to develop the code.

26GA(2)    
Without limiting subsection (1) , a direction under that subsection may:

(a)    specify one or more matters that the code must deal with; and

(b)    specify the APP entities, or a class of APP entities, that are to be bound by the code.

26GA(3)    
A direction under subsection (1) is not a legislative instrument.

Commissioner must develop and register code

26GA(4)    
The Commissioner must develop and register an APP code if the Minister has given the Commissioner a direction under subsection (1) to develop the code.

Matters covered by code

26GA(5)    
Despite paragraph 26C(3)(b) , the APP code must not cover an act or practice that is exempt within the meaning of subsection 7B(1) , (2) or (3) .

Consultation etc.

26GA(6)    
In developing the APP code, the Commissioner may consult any person the Commissioner considers appropriate.

26GA(7)    
Before registering the APP code under section 26H , the Commissioner must:

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

(b)    invite the public to make submissions to the Commissioner about the draft within a specified period (which must run for at least 40 days); and

(c)    give consideration to any submissions made within the specified period.