Commonwealth Consolidated Acts

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PRIVACY ACT 1988 - SECT 26T

Variation of the registered CR code

             (1)  The Commissioner may, in writing, approve a variation of the registered CR code:

                     (a)  on his or her own initiative; or

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

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

             (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.

             (3)  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.

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

             (5)  If the Commissioner approves a variation of the registered CR code (the original code ), the Commissioner must:

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

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

             (6)  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 CR code, as varied, is included on the Codes Register.

             (7)  An approval is not a legislative instrument.

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



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