Part 3 s 22
Privacy Act 2020
(e)
(2)
(3)
(4)
26
Version as at
6 December 2023
if the collection of the information is authorised or required by
or under law,—
(i) the particular law by or under which the collection of the
information is authorised or required; and
(ii) whether the supply of the information by that individual is
voluntary or mandatory; and
(f)
the consequences (if any) for that individual if all or any part of
the requested information is not provided; and
(g)
the rights of access to, and correction of, information provided
by the IPPs.
The steps referred to in subclause (1) must be taken before the informa‐
tion is collected or, if that is not practicable, as soon as practicable after
the information is collected.
An agency is not required to take the steps referred to in subclause (1)
in relation to the collection of information from an individual if the
agency has taken those steps on a recent previous occasion in relation to
the collection, from that individual, of the same information or informa‐
tion of the same kind.
It is not necessary for an agency to comply with subclause (1) if the
agency believes, on reasonable grounds,—
(a)
that non-compliance would not prejudice the interests of the
individual concerned; or
(b)
that non-compliance is necessary—
(i) to avoid prejudice to the maintenance of the law by any
public sector agency, including prejudice to the prevention,
detection, investigation, prosecution, and punishment of
offences; or
(ii) for the enforcement of a law that imposes a pecuniary pen‐
alty; or
(iii) for the protection of public revenue; or
(iv) for the conduct of proceedings before any court or tribunal
(being proceedings that have been commenced or are
reasonably in contemplation); or
(c)
that compliance would prejudice the purposes of the collection;
or
(d)
that compliance is not reasonably practicable in the circum‐
stances of the particular case; or
(e)
that the information—
(i) will not be used in a form in which the individual con‐
cerned is identified; or