Section 33 — Privacy Act 2020: Issue of code of practice

33 Issue of code of practice (1) The Commissioner may issue a code of practice on— (a) the Commissioner’s own initiative; or (b) the application of any person. (2) An application may be made under subsection (1)(b) only— (a) by a body that represents the interests of any class or classes of agency, industry, profession, or calling (a group ); and (b) if the code of practice sought by the applicant is intended to apply to that group, or any activity of the group. (3) Before issuing a code of practice, the Commissioner must— (a) give public notice of the Commissioner’s intention to issue the code and include a statement that— (i) the details of the proposed code, including a draft of the proposed code, may be obtained from the Commissioner; and (ii) submissions on the proposed code may be made in writing to the Commissioner within the period specified in the notice; and (b) do everything reasonably possible to advise all persons affected by the proposed code, or the representatives of those persons, of— (i) the details of the proposed code; and (ii) the reasons for the proposed code; and (c) give the persons affected by the code, or the representatives of those persons, the opportunity to make submissions on the proposed code; and (d) consider any submissions made on the proposed code. (4) Publication in the Gazette of a notice under subsection (3)(a) is conclusive proof that the requirements of that provision have been complied with in respect of the code of practice to which the notice relates. Compare: 1993 No 28 ss 47(1), (3), (4) , 48(1), (2)