New South Wales Consolidated Acts

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PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 41

Exempting agencies from complying with principles and codes

41 Exempting agencies from complying with principles and codes

(1) The Privacy Commissioner, with the approval of the Minister, may make a written direction that--
(a) a public sector agency is not required to comply with an information protection principle or a privacy code of practice, or
(b) the application of a principle or a code to a public sector agency is to be modified as specified in the direction.
(2) Any such direction has effect despite any other provision of this Act.
(3) The Privacy Commissioner is not to make a direction under this section unless the Privacy Commissioner is satisfied that the public interest in requiring the public sector agency to comply with the principle or code is outweighed by the public interest in the Privacy Commissioner making the direction.



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