PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 4B Regulations may declare whether agency is part of or separate from a public sector agency

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 4B

4B Regulations may declare whether agency is part of or separate from a public sector agency

(1) The regulations may declare that--

(a) a specified public sector agency is not to be regarded as a separate public sector agency and instead is to be regarded for the purposes of this Act as part of and included in another specified public sector agency in respect of specified functions, or

(b) a specified office, branch or other part of a public sector agency is for the purposes of this Act to be regarded as being a separate public sector agency to the public sector agency of which it forms part in respect of specified functions that it exercises.

(2) The regulations may make provision for or with respect to the application of this Act (with such modifications, if any, as may be prescribed) for the purposes of a declaration under this section.

(3) The Minister must, before recommending the making of a regulation under this section, consider whether the making of a declaration under this section will permit the sharing of personal information between public sector agencies and, if so, whether the sharing of that information would be appropriate in the circumstances.