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.

Editorial note--: For the Privacy Code of Practice (General) 2003 and amendments to that Code, see www.legislation.nsw.gov.au. For other 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 104 of 25.6.2004, p 4812; No 85 of 24.8.2012, p 3781; No 17 of 5.3.2015, p 632; No 34 of 6.5.2016, p 1009; No 57 of 2.6.2017, p 1826; No 36 of 29.3.2018, p 1862; No 76 of 3.8.2018, p 5127; No 82 of 24.8.2018, p 5574 and No 179 of 20.12.2019, n2019-4051. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.