Section 118 — Privacy Act 2020: Offence to fail to notify Commissioner

118 Offence to fail to notify Commissioner (1) An agency that, without reasonable excuse, fails to notify the Commissioner of a notifiable privacy breach under section 114 commits an offence and is liable on conviction to a fine not exceeding $10,000. (2) It is not a defence to a charge under this section that the agency has taken steps to address the privacy breach. (3) It is a defence to a charge under this section that the agency did not consider the privacy breach to be a notifiable privacy breach, but only if it was reasonable to do so in the circumstances.