Section 93 — Privacy Act 2020: Procedure after completion of investigation relating to charging

93 Procedure after completion of investigation relating to charging (1) This section applies after the Commissioner has completed an investigation of an action of an agency under subpart 3 of Part 4 that appears to be an interference with the privacy of an individual because, in relation to a request made by the individual under subpart 1 or 2 of Part 4, the agency has imposed a charge that is— (a) contrary to section 66 ; or (b) unreasonable. (2) If it has not been possible to secure a settlement, the Commissioner may make a determination that the charge imposed by the agency is— (a) properly imposed: (b) improperly imposed: (c) reasonable: (d) unreasonable. (3) If the Commissioner makes a determination under subsection (2)(d), the Commissioner may also determine the appropriate charge for the agency to impose. (4) As soon as practicable, the Commissioner must notify the parties to any determination made, or not made, under subsection (2) or (3). (5) A determination made by the Commissioner under subsection (2) is final and binding and no proceedings may be commenced in the Tribunal by the parties in respect of that determination. (6) If the Commissioner makes a determination under subsection (3) and the agency does not agree to reduce the charge it has imposed to the amount determined by the Commissioner to be appropriate (or less),— (a) the imposition of the charge is treated as an interference with the privacy of an individual for the purposes of section 69(3) ; and (b) the Commissioner may take 1 or more of the actions specified in section 91(5) . Compare: 1993 No 28 ss 75 , 78