New South Wales Consolidated Acts

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 31

31 Preparation and making of privacy codes of practice

(1) The Privacy Commissioner, or any public sector agency, may:

(a) initiate the preparation of a draft privacy code of practice, and

(b) develop the draft code in consultation with such other persons or bodies as the Commissioner, or agency, thinks appropriate, and

(c) submit the draft code to the Minister.

(2) If a draft code is initiated and prepared by a public sector agency, the agency must consult with the Privacy Commissioner on the draft code before it is submitted to the Minister.

(3) The Privacy Commissioner may make such submissions to the Minister in respect of a draft code as the Privacy Commissioner thinks appropriate.

(4) Once a draft code is submitted to the Minister, the Minister may, after taking into consideration any submissions by the Privacy Commissioner, decide to make the code.

(5) A code of practice is made by an order of the Minister published in the Gazette.

(6) A code takes effect when the order making the code is published (or on such later date as may be specified in the order).

(7) The procedures specified in this section extend to any amendment of a privacy code of practice.

Note: For codes of practice published under this section see Gazettes No 84 of 23.7.1999, p 5152; No 81 of 30.6.2000, pp 5981, 5993, 6004, 6007, 6020, 6024; No 83 of 30.6.2000, p 6035; No 143 of 3.11.2000, p 11568; No 170 of 29.12.2000, p 14069; No 46 of 2.3.2001, p 1133; No 93 of 1.6.2001, p 3395; No 199 of 28.12.2001, p 10853; No 83 of 9.5.2003, p 4669 (see also Gazette No 63 of 26.3.2004, p 1527) and No 104 of 25.6.2004, p 4812.