Version as at
6 December 2023
Privacy Act 2020
(a)
the Commissioner were the maker of the code; and
(b)
the code were made by the Commissioner issuing it.
Part 3 s 38
Legislation Act 2019 requirements for secondary legislation referred to in subsection (1)
Publication
The maker must:
LA19 ss 73, 74(1)(a),
Sch 1 cl 14
• notify it in the Gazette stating that it has been issued
and specifying a place at which copies of it are available
for inspection free of charge and for purchase
• ensure that, so long as it remains in force, it is publicly
available on an Internet site maintained by, or on behalf
of, the maker
• make it available for inspection by members of the
public free of charge
• make it available for purchase by members of the public
at a reasonable price
The Ministry of Foreign Affairs and Trade considers that LA19 ss 74(2), 75
the secondary legislation may have international
transparency obligations under the CPTPP. As a result
the maker may also have to comply with s 75 of the
Legislation Act 2019
Presentation
The Minister must present it to the House of
LA19 s 114, Sch 1
Representatives
cl 32(1)(a)
Disallowance It may be disallowed by the House of Representatives
LA19 ss 115, 116
This note is not part of the Act.
Section 36: replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021
No 7).
37
Amendment and revocation of codes of practice
(1)
The Commissioner may at any time issue an amendment or a revocation of a
code of practice.
(2)
The provisions of sections 33, 35, and 36 apply in respect of any amendment or
revocation of a code of practice.
Compare: 1993 No 28 s 51
38
Effect of codes of practice
If a code of practice is in force,—
(a)
any action that would otherwise be a breach of an IPP is, for the pur‐
poses of Part 5, treated as not breaching that IPP if the action complies
with the code; and
(b)
failure to comply with the code, even if the failure would not otherwise
be a breach of any IPP, is, for the purposes of Part 5, treated as a breach
of an IPP.
Compare: 1993 No 28 ss 53, 64
39