Privacy Act 1988

PART IIIB - PRIVACY CODES  

Division 2 - Registered APP codes  

Subdivision B - Development and registration of APP codes  

SECTION 26GB   DEVELOPMENT OF APP CODES BY THE COMMISSIONER - TEMPORARY APP CODES  

Minister may give direction

26GB(1)    
The Minister may, in writing, direct the Commissioner to develop an APP code (a temporary APP code ) if the Minister is satisfied that:

(a)    it is in the public interest:

(i) to develop the code; and

(ii) for the Commissioner to develop the code; and

(b)    the code should be developed urgently.

26GB(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 should be bound by the code.

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

Commissioner must develop and register code

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

Matters covered by code

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

Consultation etc.

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

Period code is in force

26GB(7)    
The period set out for the temporary APP code for the purposes of paragraph 26C(2)(c) must not be longer than 12 months.

Note:

Paragraph 26C(2)(c) deals with the period during which the code is in force.

Disallowance

26GB(8)    
Section 42 (disallowance) of the Legislation Act 2003 does not apply to a temporary APP code that is a registered APP code.

Note:

A registered APP code is a legislative instrument: see subsection 26B(2) .