Victorian Current Acts Victorian Current ActsS. 49(1) amended by No. 20/2017 s. 106(2).
(1) If—
(a) an application is made under section 47 for approval of an information usage arrangement; and
(b) the arrangement would modify the application of, or provide for non‑compliance with, a specified Information Privacy Principle or an approved code of practice; and
S. 49(1)(c) amended by No. 20/2017 s. 106(2).
(c) the Information Commissioner is satisfied that the public interest in handling personal information under the information usage arrangement in the way specified under section 45(2)(d) would substantially outweigh the public interest in complying with the specified Information Privacy Principle or approved code of practice—
the Information Commissioner must issue a certificate to that effect in respect of the information usage arrangement.
S. 49(2) amended by No. 20/2017 s. 106(2).
(2) If—
(a) an application is made under section 47 for approval of an information usage arrangement for the purposes of an information handling provision; and
S. 49(2)(b) amended by No. 20/2017 s. 106(2).
(b) the Information Commissioner is satisfied that the public interest in treating the handling of personal information as being permitted for the purpose of the information handling provision would substantially outweigh the public interest in treating that handling of information as not being permitted for the purpose of the information handling provision—
the Information Commissioner must issue a certificate to that effect in respect of the information usage arrangement.
(3) A certificate may apply to matters in both subsections (1) and (2).
S. 49(4) amended by No. 20/2017 s. 106(2).
(4) The Information Commissioner may refuse to issue a certificate in respect of an information usage arrangement if the Information Commissioner considers that a public interest determination would be more appropriate in the circumstances.
S. 49(5) amended by No. 20/2017 s. 106(2).
(5) The Information Commissioner must refuse to issue a certificate in respect of an information usage arrangement if the Information Commissioner is not satisfied of the matters set out in section 47(3) or (4) or both, as applicable.
S. 49(6) amended by No. 20/2017 s. 106(2).
(6) The Information Commissioner must give written notice to the lead party as soon as practicable of a refusal under subsection (4) or (5).
(7) An application for approval under section 47 is taken to be refused on the day the lead party is notified in accordance with subsection (6).