Section 26E — Privacy Act 1988: Development of APP codes by APP code developers

Own initiative (1) An APP code developer may develop an APP code. At the Commissioner’s request (2) The Commissioner may, in writing, request an APP code developer to develop an APP code, and apply to the Commissioner for the code to be registered, if the Commissioner is satisfied it is in the public interest for the code to be developed. (3) The request must: (a) specify the period within which the request must be complied with; and (b) set out the effect of section 26A. (4) The period: (a) must run for at least 120 days from the date the request is made; and (b) may be extended by the Commissioner. (5) The request may: (a) specify one or more matters that the APP code must deal with; and (b) specify the APP entities, or a class of APP entities, that should be bound by the code. (6) Despite paragraph (5)(a), the Commissioner must not require an APP code to cover an act or practice that is exempt within the meaning of subsection 7B(1), (2) or (3). However, the APP code that is developed by the APP code developer may cover such an act or practice. (7) The Commissioner must make a copy of the request publicly available as soon as practicable after the request is made.