Victorian Current Acts

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PRIVACY AND DATA PROTECTION ACT 2014 - SECT 26

Revocation of approval

S. 26(1) amended by No. 20/2017 s. 106(6)(a).

    (1)     The Governor in Council, on the recommendation of the Minister acting on advice received from the Information Commissioner under subsection (2), may by notice published in the Government Gazette revoke the approval of a code of practice or of an amendment to an approved code of practice.

S. 26(2) amended by No. 20/2017 s. 106(6)(a).

    (2)     The Information Commissioner may advise the Minister to recommend to the Governor in Council that a code of practice, or an amendment to an approved code of practice, be revoked.

S. 26(3) amended by No. 20/2017 s. 106(6).

    (3)     The Information Commissioner may act under subsection (2) on the Information Commissioner's own initiative or on an application for revocation made by an individual or organisation.

S. 26(4) amended by No. 20/2017 s. 106(6)(a).

    (4)     Before deciding whether or not to advise the Minister to recommend revocation of the approval of a code of practice or of an amendment to an approved code of practice, the Information Commissioner—

S. 26(4)(a) amended by No. 20/2017 s. 106(6)(a).

        (a)     must consult the organisation that sought approval of the code or amendment and may consult any other person or body that the Information Commissioner considers it appropriate to consult; and

        (b)     must have regard to the extent to which members of the public have been given an opportunity to comment on the proposed revocation.

    (5)     An approved code of practice or approved amendment ceases to be in operation at the beginning of—

        (a)     the day on which the notice of revocation under subsection (1) is published in the Government Gazette; or

        (b)     any later day stated in that notice as the day on which the code or amendment ceases to be in operation.



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