Amendments Schedule 1
as the case may be, does not apply to the entity, in relation to the
statement, to the extent of the inconsistency.
Prescribed secrecy provisions
(3) For the purposes of this section, prescribed secrecy provision
means a secrecy provision that is specified in the regulations.
(4) For the purposes of a prescribed secrecy provision:
(a) paragraph 26WR(1)(b); and
(b) subsection 26WR(2);
are taken not to be provisions that require or authorise the use or
disclosure of information.
(5) 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 prescribed secrecy provision,
paragraph 26WR(1)(b) or subsection 26WR(2), as the case may be,
does not apply to the entity in relation to the statement.
4 After paragraph 96(1)(b)
Insert:
(ba) a decision under subsection 26WQ(7) to refuse an application
for a declaration;
(bb) a decision to make a declaration under
paragraph 26WQ(1)(d);
(bc) a decision under subsection 26WR(1) to give a direction;
5 After subsection 96(2)
Insert:
(2A) An application under paragraph (1)(ba) may only be made by:
(a) the entity that made the application for a declaration; or
(b) if another entity’s compliance with subsection 26WL(2) is
affected by the decision to refuse the application for a
declaration—that other entity.
(2B) An application under paragraph (1)(bb) may only be made by:
(a) the entity to whom notice of the declaration was given; or
(b) if another entity’s compliance with subsection 26WL(2) is
affected by the declaration—that other entity.
No. 12, 2017
Privacy Amendment (Notifiable Data Breaches) Act 2017
Authorised Version C2017A00012
21