Schedule 1 Amendments
more other entities, a direction under subsection (1) may also
require the statement referred to in paragraph (1)(a) to set out the
identity and contact details of those other entities.
Method of providing a statement to an individual
(9) If an entity normally communicates with a particular individual
using a particular method, the notification to the individual
mentioned in paragraph (2)(a) or (b) may use that method. This
subsection does not limit paragraph (2)(a) or (b).
Compliance with direction
(10) An entity must comply with a direction under subsection (1) as
soon as practicable after the direction is given.
26WS Exception—enforcement related activities
An entity is not required to comply with a direction under
subsection 26WR(1) if:
(a) the entity is an enforcement body; and
(b) the chief executive officer of the enforcement body believes
on reasonable grounds that compliance with the direction
would be likely to prejudice one or more enforcement related
activities conducted by, or on behalf of, the enforcement
body.
26WT Exception—inconsistency with secrecy provisions
Secrecy provisions
(1) For the purposes of this section, secrecy provision means a
provision that:
(a) is a provision of a law of the Commonwealth (other than this
Act); and
(b) prohibits or regulates the use or disclosure of information.
(2) If compliance by an entity with paragraph 26WR(1)(b) or
subsection 26WR(2) in relation to a statement would, to any extent,
be inconsistent with a secrecy provision (other than a prescribed
secrecy provision), paragraph 26WR(1)(b) or subsection 26WR(2),
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Privacy Amendment (Notifiable Data Breaches) Act 2017
Authorised Version C2017A00012
No. 12, 2017