Division 1 - General definitions
6 - Interpretation6AA - Meaning of responsible person6A - Breach of an Australian Privacy Principle6B - Breach of a registered APP code6BA - Breach of the registered CR code6C - Organisations6D - Small business and small business operators6DA - What is the annual turnover of a business?6E - Small business operator treated as organisation6EA - Small business operators choosing to be treated as organisations6F - State instrumentalities etc. treated as organisations6FA - Meaning of health information6FB - Meaning of health serviceDivision 2 - Key definitions relating to credit reporting
Subdivision A - Credit provider
6G - Meaning of credit provider6H - Agents of credit providers6J - Securitisation arrangements etc.6K - Acquisition of the rights of a credit providerSubdivision B - Other definitions
6L - Meaning of access seeker6M - Meaning of credit and amount of credit6N - Meaning of credit information6P - Meaning of credit reporting business6Q - Meaning of default information6R - Meaning of information request6S - Meaning of new arrangement information6T - Meaning of payment information6U - Meaning of personal insolvency information6V - Meaning of repayment history informationDivision 3 - Other matters
7 - Acts and practices of agencies, organisations etc.7A - Acts of certain agencies treated as acts of organisation7B - Exempt acts and exempt practices of organisations7C - Political acts and practices are exempt8 - Acts and practices of, and disclosure of information to, staff of agency, organisation etc.10 - Agencies that are taken to hold a record11 - File number recipients12A - Act not to apply in relation to State banking or insurance within that State12B - Severability—additional effect of this ActDivision 1 - Interferences with privacy
13 - Interferences with privacy13B - Related bodies corporate13C - Change in partnership because of change in partners13D - Overseas act required by foreign law13E - Effect of sections 13B, 13C and 13D13F - Act or practice not covered by section 13 is not an interference with privacy13G - Serious and repeated interferences with privacyDivision 2 - Australian Privacy Principles
14 - Australian Privacy Principles15 - APP entities must comply with Australian Privacy Principles16 - Personal, family or household affairs16A - Permitted general situations in relation to the collection, use or disclosure of personal information16B - Permitted health situations in relation to the collection, use or disclosure of health information16C - Acts and practices of overseas recipients of personal informationDivision 4 - Tax file number information
17 - Rules relating to tax file number information18 - File number recipients to comply with rulesDivision 1 - Introduction
19 - Guide to this PartDivision 2 - Credit reporting bodies
Subdivision A - Introduction and application of this Division etc.
20 - Guide to this Division20A - Application of this Division and the Australian Privacy Principles to credit reporting bodiesSubdivision B - Consideration of information privacy
20B - Open and transparent management of credit reporting informationSubdivision C - Collection of credit information
20C - Collection of solicited credit information20D - Dealing with unsolicited credit informationSubdivision D - Dealing with credit reporting information etc.
20E - Use or disclosure of credit reporting information20F - Permitted CRB disclosures in relation to individuals20G - Use or disclosure of credit reporting information for the purposes of direct marketing20H - Use or disclosure of pre screening assessments20J - Destruction of pre screening assessment20K - No use or disclosure of credit reporting information during a ban period20L - Adoption of government related identifiers20M - Use or disclosure of credit reporting information that is de identifiedSubdivision E - Integrity of credit reporting information
20N - Quality of credit reporting information20P - False or misleading credit reporting information20Q - Security of credit reporting informationSubdivision F - Access to, and correction of, information
20R - Access to credit reporting information20S - Correction of credit reporting information20T - Individual may request the correction of credit information etc.20U - Notice of correction etc. must be givenSubdivision G - Dealing with credit reporting information after the retention period ends etc.
20V - Destruction etc. of credit reporting information after the retention period ends20W - Retention period for credit information—general20X - Retention period for credit information—personal insolvency information20Y - Destruction of credit reporting information in cases of fraud20Z - Dealing with information if there is a pending correction request etc.20ZA - Dealing with information if an Australian law etc. requires it to be retainedDivision 3 - Credit providers
Subdivision A - Introduction and application of this Division
21 - Guide to this Division21A - Application of this Division to credit providersSubdivision B - Consideration of information privacy
21B - Open and transparent management of credit information etc.Subdivision C - Dealing with credit information
21C - Additional notification requirements for the collection of personal information etc.21D - Disclosure of credit information to a credit reporting body21E - Payment information must be disclosed to a credit reporting body21F - Limitation on the disclosure of credit information during a ban periodSubdivision D - Dealing with credit eligibility information etc.
21G - Use or disclosure of credit eligibility information21H - Permitted CP uses in relation to individuals21J - Permitted CP disclosures between credit providers21K - Permitted CP disclosures relating to guarantees etc.21L - Permitted CP disclosures to mortgage insurers21M - Permitted CP disclosures to debt collectors21N - Permitted CP disclosures to other recipients21NA - Disclosures to certain persons and bodies that do not have an Australian link21P - Notification of a refusal of an application for consumer creditSubdivision E - Integrity of credit information and credit eligibility information
21Q - Quality of credit eligibility information21R - False or misleading credit information or credit eligibility information21S - Security of credit eligibility informationSubdivision F - Access to, and correction of, information
21T - Access to credit eligibility information21U - Correction of credit information or credit eligibility information21V - Individual may request the correction of credit information etc.21W - Notice of correction etc. must be givenDivision 4 - Affected information recipients
22 - Guide to this DivisionSubdivision A - Consideration of information privacy
22A - Open and transparent management of regulated informationSubdivision B - Dealing with regulated information
22B - Additional notification requirements for affected information recipients22C - Use or disclosure of information by mortgage insurers or trade insurers22D - Use or disclosure of information by a related body corporate22E - Use or disclosure of information by credit managers etc.22F - Use or disclosure of information by advisers etc.Division 5 - Complaints
23 - Guide to this Division23A - Individual may complain about a breach of a provision of this Part etc.23B - Dealing with complaints23C - Notification requirements relating to correction complaintsDivision 6 - Unauthorised obtaining of credit reporting information etc.
24 - Obtaining credit reporting information from a credit reporting body24A - Obtaining credit eligibility information from a credit providerDivision 7 - Court orders
25 - Compensation orders25A - Other orders to compensate loss or damageDivision 1 - Introduction
26 - Guide to this PartDivision 2 - Registered APP codes
Subdivision A - Compliance with registered APP codes etc.
26A - APP entities to comply with binding registered APP codes26B - What is a registered APP code26C - What is an APP code26D - Extension of Act to exempt acts or practices covered by registered APP codesSubdivision B - Development and registration of APP codes
26E - Development of APP codes by APP code developers26F - Application for registration of APP codes26G - Development of APP codes by the Commissioner26H - Commissioner may register APP codesSubdivision C - Variation and removal of registered APP codes
26J - Variation of registered APP codes26K - Removal of registered APP codesDivision 3 - Registered CR code
Subdivision A - Compliance with the registered CR code
26L - Entities to comply with the registered CR code if bound by the code26M - What is the registered CR code26N - What is a CR codeSubdivision B - Development and registration of CR code
26P - Development of CR code by CR code developers26Q - Application for registration of CR code26R - Development of CR code by the Commissioner26S - Commissioner may register CR codeSubdivision C - Variation of the registered CR code
26T - Variation of the registered CR codeDivision 4 - General matters
26U - Codes Register26V - Guidelines relating to codes26W - Review of operation of registered codesDivision 1 - Introduction
26WA - Simplified outline of this Part26WB - Entity26WC - Deemed holding of information26WD - Exception—notification under the My Health Records Act 2012Division 2 - Eligible data breach
26WE - Eligible data breach26WF - Exception—remedial action26WG - Whether access or disclosure would be likely, or would not be likely, to result in serious harm—relevant mattersDivision 3 - Notification of eligible data breaches
Subdivision A - Suspected eligible data breaches
26WH - Assessment of suspected eligible data breach26WJ - Exception—eligible data breaches of other entitiesSubdivision B - General notification obligations
26WK - Statement about eligible data breach26WL - Entity must notify eligible data breach26WM - Exception—eligible data breaches of other entities26WN - Exception—enforcement related activities26WP - Exception—inconsistency with secrecy provisions26WQ - Exception—declaration by CommissionerSubdivision C - Commissioner may direct entity to notify eligible data breach
26WR - Commissioner may direct entity to notify eligible data breach26WS - Exception—enforcement related activities26WT - Exception—inconsistency with secrecy provisionsDivision 2 - Functions of Commissioner
27 - Functions of the Commissioner28 - Guidance related functions of the Commissioner28A - Monitoring related functions of the Commissioner28B - Advice related functions of the Commissioner29 - Commissioner must have due regard to the objects of the ActDivision 3 - Reports by Commissioner
30 - Reports following investigation of act or practice31 - Report following examination of proposed enactment32 - Commissioner may report to the Minister if the Commissioner has monitored certain activities etc.33 - Exclusion of certain matters from reportsDivision 3A - Assessments by, or at the direction of, the Commissioner
33C - Commissioner may conduct an assessment relating to the Australian Privacy Principles etc.33D - Commissioner may direct an agency to give a privacy impact assessmentDivision 4 - Miscellaneous
34 - Provisions relating to documents exempt under the Freedom of Information Act 198235 - Direction where refusal or failure to amend exempt document35A - Commissioner may recognise external dispute resolution schemesDivision 1A - Introduction
36A - Guide to this PartDivision 1 - Investigation of complaints and investigations on the Commissioner’s initiative
36 - Complaints37 - Principal executive of agency38 - Conditions for making a representative complaint38A - Commissioner may determine that a complaint is not to continue as a representative complaint38B - Additional rules applying to the determination of representative complaints38C - Amendment of representative complaints39 - Class member for representative complaint not entitled to lodge individual complaint40 - Investigations40A - Conciliation of complaints41 - Commissioner may or must decide not to investigate etc. in certain circumstances42 - Preliminary inquiries43 - Conduct of investigations43A - Interested party may request a hearing44 - Power to obtain information and documents45 - Power to examine witnesses46 - Directions to persons to attend compulsory conference47 - Conduct of compulsory conference48 - Complainant and certain other persons to be informed of various matters49 - Investigation under section 40 to cease if certain offences may have been committed49A - Investigation under section 40 to cease if civil penalty provision under Personal Property Securities Act 2009 may have been contravened50 - Reference of matters to other authorities50A - Substitution of respondent to complaint51 - Effect of investigation by Auditor GeneralDivision 2 - Determinations following investigation of complaints
52 - Determination of the Commissioner53 - Determination must identify the class members who are to be affected by the determination53A - Notice to be given to outsourcing agency53B - Substituting an agency for a contracted service providerDivision 3 - Enforcement
54 - Application of Division55 - Obligations of organisations and small business operators55A - Proceedings in the Federal Court or Federal Circuit Court to enforce a determination55B - Evidentiary certificateDivision 4 - Review and enforcement of determinations involving Commonwealth agencies
57 - Application of Division58 - Obligations of agencies59 - Obligations of principal executive of agency60 - Compensation and expenses62 - Enforcement of determination against an agencyDivision 5 - Miscellaneous
63 - Legal assistance64 - Commissioner etc. not to be sued65 - Failure to attend etc. before Commissioner66 - Failure to give information etc.67 - Protection from civil actions68 - Power to enter premises68A - Identity cards70 - Certain documents and information not required to be disclosed70B - Application of this Part to former organisationsDivision 1 - Public interest determinations
71 - Interpretation72 - Power to make, and effect of, determinations73 - Application by APP entity74 - Publication of application etc.75 - Draft determination76 - Conference77 - Conduct of conference78 - Determination of application79 - Making of determinationDivision 2 - Temporary public interest determinations
80A - Temporary public interest determinations80B - Effect of temporary public interest determination80D - Commissioner may continue to consider applicationDivision 3 - Register of determinations
80E - Register of determinationsDivision 1 - Object and interpretation
80F - Object80G - Interpretation80H - Meaning of permitted purposeDivision 2 - Declaration of emergency
80J - Declaration of emergency—events of national significance80K - Declaration of emergency—events outside Australia80L - Form of declarations80M - When declarations take effect80N - When declarations cease to have effectDivision 3 - Provisions dealing with the use and disclosure of personal information
80P - Authorisation of collection, use and disclosure of personal informationDivision 4 - Other matters
80Q - Disclosure of information—offence80R - Operation of Part80S - Severability—additional effect of Part80T - Compensation for acquisition of property—constitutional safety netDivision 1 - Civil penalties
80U - Civil penalty provisionsDivision 2 - Enforceable undertakings
80V - Enforceable undertakingsDivision 3 - Injunctions
80W - Injunctions95 - Medical research guidelines95A - Guidelines for Australian Privacy Principles about health information95AA - Guidelines for Australian Privacy Principles about genetic information95B - Requirements for Commonwealth contracts95C - Disclosure of certain provisions of Commonwealth contracts96 - Review by the Administrative Appeals Tribunal98A - Treatment of partnerships98B - Treatment of unincorporated associations98C - Treatment of trusts99A - Conduct of directors, employees and agents100 - Regulations
Part 1 - Consideration of personal information privacy
1 - Australian Privacy Principle 1—open and transparent management of personal information2 - Australian Privacy Principle 2—anonymity and pseudonymityPart 2 - Collection of personal information
3 - Australian Privacy Principle 3—collection of solicited personal information4 - Australian Privacy Principle 4—dealing with unsolicited personal information5 - Australian Privacy Principle 5—notification of the collection of personal informationPart 3 - Dealing with personal information
6 - Australian Privacy Principle 6—use or disclosure of personal information7 - Australian Privacy Principle 7—direct marketing8 - Australian Privacy Principle 8—cross border disclosure of personal information9 - Australian Privacy Principle 9—adoption, use or disclosure of government related identifiersPart 4 - Integrity of personal information
10 - Australian Privacy Principle 10—quality of personal information11 - Australian Privacy Principle 11—security of personal informationPart 5 - Access to, and correction of, personal information
12 - Australian Privacy Principle 12—access to personal information13 - Australian Privacy Principle 13—correction of personal information(a) assessing an application for commercial credit made by the person to the provider; or
(a) for which an application has been made by an individual to a credit provider, or that has been provided to an individual by a credit provider, in the course of the provider carrying on a business or undertaking as a credit provider; and
(a) assessing an application for consumer credit made by the individual to the provider; or
(b) credit for which an application has been made to the provider by a person other than the individual.
(ii) for which an application to the provider has been made by the individual; or
(ii) with a subcontractor for the government contract (under a previous application of this definition); and
(a) in processing an application for credit made to the principal; or
(2) Subsection (1) does not apply if the principal is an organisation or small business operator that is a credit provider because of a previous application of that subsection.
(4) If subsection (1) applies in relation to credit for which an application has been made to the principal, the application is taken, for the purposes of this Act, to have been made to both the principal and the agent.
(i) purchasing, funding or managing, or processing an application for, credit by means of a securitisation arrangement; or
(c) the credit has been provided by, or is credit for which an application has been made to, a credit provider (the original credit provider);
(2) Subsection (1) does not apply if the original credit provider is an organisation or small business operator that is a credit provider because of a previous application of that subsection.
(4) If subsection (1) applies in relation to credit for which an application has been made to the original credit provider, the application is taken, for the purposes of this Act, to have been made to both the original credit provider and the securitisation entity.
(3) If subsection (1) of this section applies in relation to credit for which an application has been made to the original credit provider, the application is taken, for the purposes of this Act, to have been made to the acquirer.
(e) the type of consumer credit or commercial credit, and the amount of credit, sought in an application:
(b) provided, or intended to be provided, for the purposes of assessing an application for consumer credit.
(a) in connection with an application for consumer credit made by the individual to the provider; or
(b) in connection with an application for commercial credit made by a person to the provider; or
(2) Except so far as the contrary intention appears, a reference in this Act (other than section 8) to an act or to a practice includes, in the application of this Act otherwise than in respect of the Australian Privacy Principles, a registered APP code and the performance of the Commissioner’s functions in relation to the principles and such a code, a reference to an act done, or a practice engaged in, as the case may be, by an agency specified in Part I of Schedule 2 to the Freedom of Information Act 1982 or in Division 1 of Part II of that Schedule other than:
(3) For the purposes of the application of this Act in relation to an organisation that is a partnership:
(4) For the purposes of the application of this Act in relation to an organisation that is an unincorporated association:
(5) For the purposes of the application of this Act in relation to an organisation that is a trust:
(a) would have a particular application; and
(b) by virtue of having that application, would be a law with respect to, or with respect to matters including:
the provision is not to have that application.
(a) the credit provider referred to in that item requests the information for the purpose of assessing an application for commercial credit made by a person to the provider; and
(b) the application has not been made in writing.
(b) a credit provider requests the body to disclose the information to the provider for the purpose of assessing an application for consumer credit made to the provider by the individual, or a person purporting to be the individual; and
(d) during the ban period, the provider provides the consumer credit to which the application relates to the individual, or the person purporting to be the individual.
(i) a person for the purpose of processing an application for credit made to the credit provider; or
| Permitted CP uses | ||
|---|---|---|
| Column 1 | Column 2 | |
| Item | The relevant credit reporting information was disclosed to the credit provider under ... | The credit provider uses the credit eligibility information for ... |
| 1 | item 1 of the table in subsection 20F(1) for the purpose of assessing an application for consumer credit made by the individual to the provider. | (a) a securitisation related purpose of the provider in relation to the individual; or (b) the internal management purposes of the provider that are directly related to the provision or management of consumer credit by the provider. |
| 2 | item 2 of the table in subsection 20F(1) for a particular commercial credit related purpose of the provider in relation to the individual. | that particular commercial credit related purpose. |
| 3 | item 2 of the table in subsection 20F(1) for the purpose of assessing an application for commercial credit made by a person to the provider. | the internal management purposes of the provider that are directly related to the provision or management of commercial credit by the provider. |
| 4 | item 3 of the table in subsection 20F(1) for a credit guarantee purpose of the provider in relation to the individual. | (a) the credit guarantee purpose; or (b) the internal management purposes of the provider that are directly related to the provision or management of any credit by the provider. |
| 5 | item 5 of the table in subsection 20F(1). | the purpose of assisting the individual to avoid defaulting on his or her obligations in relation to consumer credit provided by the provider to the individual. |
| 6 | item 6 of the table in subsection 20F(1) for a particular securitisation related purpose of the provider in relation to the individual. | that particular securitisation related purpose. |
(i) the disclosure of the information to the recipient is for the purpose of assessing an application for consumer credit or commercial credit made to the recipient; and
(ii) the application has not been made in writing; and
(b) the credit has been provided by, or is credit for which an application has been made to, another credit provider (the original credit provider) that has an Australian link; and
(i) purchasing, funding or managing, or processing an application for, the credit by means of a securitisation arrangement; or
(a) if subparagraph (1)(a)(i) applies—the application for the credit was not made in writing; or
(b) if subparagraph (1)(a)(ii) applies—the application for the credit has not been made in writing.
(4) The consent of the individual under subparagraph (3)(c)(i) must be given in writing unless the application for the credit was not made in writing.
(a) a credit provider refuses an application for consumer credit made in Australia:
(iii) if the application is an application of a kind referred to in subparagraph (a)(ii)—one of the other applicants; and
(c) a credit reporting body disclosed the relevant credit reporting information to the provider for the purposes of assessing the application.
(2) The credit provider must, within a reasonable period after refusing the application, give the individual a written notice that:
(a) states that the application has been refused; and
(b) the credit provider to which the relevant application for credit was made by the individual.
(b) the application is made within 6 years of the day the cause of action that relates to the contravention or commission of the offence accrued.
(b) the application is made within 6 years of the day the cause of action that relates to the contravention or commission of the offence accrued.
(3) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to a registered APP code.
(2) Before making the application, the APP code developer must:
(3) The application must:
(a) an application for registration of an APP code is made under section 26F; or
(b) on application by an APP entity that is bound by the code; or
(c) on application by a body or association representing one or more APP entities that are bound by the code.
(2) An application under paragraph (1)(b) or (c) must:
(b) on application by an APP entity that is bound by the code; or
(c) on application by a body or association representing one or more APP entities that are bound by the code.
(2) An application under paragraph (1)(b) or (c) must:
(3) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the registered CR code.
(2) Before making the application, the CR code developer must:
(3) The application must:
(a) an application for registration of a CR code is made under section 26Q; or
(b) on application by an entity that is bound by the code; or
(c) on application by a body or association representing one or more of the entities that are bound by the code.
(2) An application under paragraph (1)(b) or (c) must:
(b) on application made to the Commissioner by the entity.
Applications
(6) An application by an entity under paragraph (5)(b) may be expressed to be:
(a) an application for a paragraph (1)(c) declaration; or
(b) an application for a paragraph (1)(d) declaration; or
(c) an application for:
(a) the Commissioner may refuse the application; and
(a) an application for a paragraph (1)(d) declaration nominates a period to be specified in the declaration; and
the Commissioner is taken not to have refused the application.
until the Commissioner makes a decision in response to the application for the declaration.
(10) An entity is not entitled to make an application under paragraph (5)(b) in relation to an eligible data breach of the entity if:
(b) one of those other entities has already made an application under paragraph (5)(b) in relation to the eligible data breach of the other entity.
(a) an application made under subsection 55(1) of the Freedom of Information Act 1982 for review of a decision under that Act refusing access to a document has been finally determined or otherwise disposed of;
(1) The Commissioner may, on application by the respondent or on his or her own initiative, determine that a complaint should no longer continue as a representative complaint.
(b) on the application of a person who was a class member for the purposes of the former representative complaint, the Commissioner may join that person as a complainant to the complaint as continued under paragraph (a).
(1) The Commissioner may, on application by a class member, replace the complainant with another class member, where it appears to the Commissioner that the complainant is not able adequately to represent the interests of the class members.
(e) the act or practice is the subject of an application under another Commonwealth law, or a State or Territory law, and the subject matter of the complaint has been, or is being, dealt with adequately under that law; or
(a) an application has been made by the respondent for a determination under section 72 in relation to the act or practice; and
(b) the Commissioner is satisfied that the interests of persons affected by the act or practice would not be unreasonably prejudiced if the investigation or further investigation were deferred until the application had been disposed of.
(c) an application for a hearing has not been made under section 43A.
(b) to discontinue a proceeding that is an application for an order under section 222 of that Act.
(b) an application with respect to that matter has been, or could have been, made by the complainant to the Australian Public Service Commissioner under the Public Service Act 1999;
(b) an application made to the Australian Public Service Commissioner under the Public Service Act 1999;
(1) If an agency fails to comply with section 58, an application may be made to the Federal Court or the Federal Circuit Court for an order directing the agency to comply.
(2) If the principal executive of an agency fails to comply with section 59, an application may be made to the Federal Court or the Federal Circuit Court for an order directing the principal executive to comply.
(3) The application may be made by:
(4) On an application under this section, the court may make such other orders as it thinks fit with a view to securing compliance by the agency or principal executive.
(5) An application may not be made under this section in relation to a determination under section 52 until:
(a) the time has expired for making an application under section 96 for review of the determination; or
(b) if such an application is made, the decision of the Administrative Appeals Tribunal on the application has come into operation.
(2A) Subsection (2) does not permit an application relating to proceedings under section 55A to enforce a determination relating to a code complaint or an APP complaint.
(3) If the Attorney General is satisfied that in all the circumstances it is reasonable to grant an application made under this section, he or she may authorise the provision by the Commonwealth to the applicant of:
(a) in the case of an application under subsection (1)—such financial assistance in connection with the investigation of the complaint as the Attorney General determines; or
(b) in the case of an application under subsection (2)—such legal or financial assistance in respect of the proceeding as the Attorney General determines.
(5) In considering an application made under this section, the Attorney General must have regard to any hardship to the applicant that refusal of the application would involve.
(4) If, on an application made by a person authorised by the Commissioner under subsection (1), a Magistrate is satisfied, by information on oath, that it is reasonably necessary, for the purposes of the performance by the Commissioner of his or her functions under this Act, that the person be empowered to enter the premises, the Magistrate may issue a warrant authorising the person, with such assistance as the person thinks necessary, to enter the premises, if necessary by force, for the purpose of exercising those powers.
For the purposes of this Part, a person is interested in an application made under section 73 if, and only if, the Commissioner is of the opinion that the person has a real and substantial interest in the application.
(a) an application is made under subsection (1); and
(b) the Commissioner is satisfied that the application is frivolous, vexatious, misconceived, lacking in substance or not made in good faith;
the Commissioner may, in writing, dismiss the application.
(2) The CEO of the National Health and Medical Research Council may make an application under subsection (1) on behalf of other agencies concerned with medical research or the provision of health services.
(3) Where an application is made by virtue of subsection (2), a reference in the succeeding provisions of this Part to the agency is a reference to the CEO of the National Health and Medical Research Council.
(4) Where the Commissioner makes a determination under section 72 on an application made by virtue of subsection (2), that section has effect, in relation to each of the agencies on whose behalf the application was made as if the determination had been made on an application by that agency.
(a) the receipt by the Commissioner of an application; and
(b) if the Commissioner dismisses an application under subsection 73(1A)—the dismissal of the application.
(2) The Commissioner shall not, except with the consent of the agency, permit the disclosure to another body or person of information contained in a document provided by an agency as part of, or in support of, an application if the agency has informed the Commissioner in writing that the agency claims that the document is an exempt document within the meaning of Part IV of the Freedom of Information Act 1982.
(1) The Commissioner shall prepare a draft of his or her proposed determination in relation to the application unless the Commissioner dismisses the application under subsection 73(1A).
(2) If the applicant is an agency, the Commissioner must send to the agency, and to each other person (if any) who is interested in the application, a written invitation to notify the Commissioner, within the period specified in the invitation, whether or not the agency or other person wishes the Commissioner to hold a conference about the draft determination.
(2) At the conference, a person to whom an invitation was sent, or any other person who is interested in the application and whose presence at the conference is considered by the Commissioner to be appropriate, is entitled to attend and participate personally or, in the case of a body corporate, to be represented by a person who is, or persons each of whom is, a director, officer or employee of the body corporate.
The Commissioner shall, after complying with this Part in relation to the application, make:
(b) a written determination dismissing the application.
(2) The Commissioner shall, in making a determination, take account of all submissions about the application that have been made, whether at a conference or not, by the agency, organisation or any other person.
(a) the act or practice of an APP entity that is the subject of an application under section 73 for a determination under section 72 breaches, or may breach:
(c) the application raises issues that require an urgent decision.
(1) The fact that the Commissioner has made a determination under this Division about an act or practice does not prevent the Commissioner from dealing under Division 1 with an application made under section 73 in relation to that act or practice.
(b) a determination is made under paragraph 78(b) to dismiss the application.
(1) An application may be made to the Administrative Appeals Tribunal for review of the following decisions of the Commissioner:
(ba) a decision under subsection 26WQ(7) to refuse an application for a declaration;
(d) a decision under subsection 73(1A) to dismiss an application;
(2) An application under paragraph (1)(a) may only be made by the APP code developer that developed the APP code.
(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:
(2C) An application under paragraph (1)(bc) may only be made by the entity to whom the direction was given.
(3) An application under paragraph (1)(b) may only be made by the CR code developer that developed the CR code.
