Privacy Act 1988

PART IIIB - PRIVACY CODES  

Division 2 - Registered APP codes  

Subdivision A - Compliance with registered APP codes etc.  

SECTION 26C   WHAT IS AN APP CODE  

26C(1)  
An APP code is a written code of practice about information privacy.

26C(2)  
An APP code must:


(a) set out how one or more of the Australian Privacy Principles are to be applied or complied with; and


(b) specify the APP entities that are bound by the code, or a way of determining the APP entities that are bound by the code; and


(c) set out the period during which the code is in force (which must not start before the day the code is registered under section 26H ).

26C(3)  
An APP code may do one or more of the following:


(a) impose additional requirements to those imposed by one or more of the Australian Privacy Principles, so long as the additional requirements are not contrary to, or inconsistent with, those principles;


(b) cover an act or practice that is exempt within the meaning of subsection 7B(1) , (2) or (3) ;


(c) deal with the internal handling of complaints;


(d) provide for the reporting to the Commissioner about complaints;


(e) deal with any other relevant matters.

26C(4)  
An APP code may be expressed to apply to any one or more of the following:


(a) all personal information or a specified type of personal information;


(b) a specified activity, or a specified class of activities, of an APP entity;


(c) a specified industry sector or profession, or a specified class of industry sectors or professions;


(d) APP entities that use technology of a specified kind.

26C(5)  
An APP code is not a legislative instrument.


 

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