Amendments Schedule 1 (2) If compliance by an entity with subparagraph 26WK(2)(a)(ii) in relation to a statement would, to any extent, be inconsistent with a secrecy provision (other than a prescribed secrecy provision), subsection 26WK(2) does not apply to the entity, in relation to the statement, to the extent of the inconsistency. (3) If compliance by an entity with section 26WL in relation to a statement would, to any extent, be inconsistent with a secrecy provision (other than a prescribed secrecy provision), section 26WL does not apply to the entity, in relation to the statement, to the extent of the inconsistency. Prescribed secrecy provisions (4) For the purposes of this section, prescribed secrecy provision means a secrecy provision that is specified in the regulations. (5) For the purposes of a prescribed secrecy provision: (a) subparagraph 26WK(2)(a)(ii); and (b) section 26WL; are taken not to be provisions that require or authorise the use or disclosure of information. (6) If compliance by an entity with subparagraph 26WK(2)(a)(ii) in relation to a statement would, to any extent, be inconsistent with a prescribed secrecy provision, subsection 26WK(2) does not apply to the entity in relation to the statement. (7) If compliance by an entity with section 26WL in relation to a statement would, to any extent, be inconsistent with a prescribed secrecy provision, section 26WL does not apply to the entity in relation to the statement. 26WQ Exception—declaration by Commissioner (1) If the Commissioner: (a) is aware that there are reasonable grounds to believe that there has been an eligible data breach of an entity; or (b) is informed by an entity that the entity is aware that there are reasonable grounds to believe that there has been an eligible data breach of the entity; the Commissioner may, by written notice given to the entity: No. 12, 2017 Privacy Amendment (Notifiable Data Breaches) Act 2017 Authorised Version C2017A00012 15