Section 123 — Privacy Act 2020: Compliance notices

123 Compliance notices (1) The Commissioner may issue a compliance notice to an agency if the Commissioner considers that 1 or more of the following may have occurred: (a) a breach of this Act, including an action listed in section 69(2)(a) : (b) an action that is to be treated as a breach of an IPP or an interference with the privacy of an individual under another Act: (c) a breach of a code of practice issued under this Act or a code of conduct (or similar) issued under another Act (if a complaint about a breach of the code can be the subject of a complaint under Part 5 of this Act). (2) Before issuing a compliance notice, the Commissioner may, but is not required to,— (a) assess whether any person has suffered harm (for example, the types of harm listed in section 69(2)(b) ): (b) use other means under this Act or another Act for dealing with the breach. (3) A compliance notice may be issued at any time, including concurrently with the use of any other means for dealing with the breach. Example The Commissioner issues a compliance notice while dealing with the same breach as a complaint under Part 5.