Amendment of approved information sharing agreements

Heading: inserted, on 27 February 2013, by section 8 of the Privacy Amendment Act 2013 (2013 No 1).

96V Amendment of approved information sharing agreement

(1)

This section applies if the parties to an approved information sharing agreement amend the agreement (whether in accordance with the Commissioner’s recommendation in a report under section 96X(1) or otherwise).

(2)

As soon as practicable after the amendment is made, the lead agency must—

(a)

give written notice of the amendment to—

(i)

the Commissioner; and

(ii)

the relevant Minister; and

(b)

make a copy of the amendment—

(i)

available for inspection, free of charge, at the lead agency’s head office on any working day; and

(ii)

accessible, free of charge, on the Internet site where a copy of the agreement is accessible.

(3)

The information sharing agreement approved by Order in Council continues to have effect as if the amendment notified under subsection (2) had not been made unless the Governor-General, by a further Order in Council made on the recommendation of the relevant Minister, approves the agreement as amended by the parties.

(4)

Sections 96J to 96P apply, subject to any necessary modifications, to the approval of the agreement as so amended.

(5)

Nothing in subsection (2)(a), (3), or (4) applies if the amendment to an approved information sharing agreement relates only to—

(a)

the fees and charges payable under the agreement; or

(b)

the name or description of a party to the agreement; or

(c)

any terms or conditions of the agreement that the lead agency considers, after consulting the Commissioner, do not, or are unlikely to, have any effect on the privacy implications of the agreement.

Section 96V: inserted, on 27 February 2013, by section 8 of the Privacy Amendment Act 2013 (2013 No 1).