sec.157Applying for waiver or modification of particular obligations

### sec.157 Applying for waiver or modification of particular obligations A relevant entity may apply to the information commissioner for an approval that waives or modifies an obligation of the entity to comply with— the privacy principle requirements; or for an agency— chapter 3A , part 2 or 3 or section 72 or 73 . The commissioner may, by gazette notice, give an approval that waives or modifies an obligation mentioned in subsection (1) — if it is a temporary approval—for the period of the approval’s operation; or otherwise—until the approval is revoked or amended. The Statutory Instruments Act 1992 , sections 49 to 51 apply to a gazette notice under subsection (2) , including a gazette notice revoking or amending an approval, as if it were subordinate legislation. The commissioner may give an approval under this section for an obligation only if the commissioner is satisfied that the public interest in the relevant entity’s compliance with the obligation is outweighed by the public interest in waiving or modifying the entity’s compliance with the obligation to the extent stated in the approval. While an approval is in force, the relevant entity does not contravene this Act in relation to the obligation the subject of the approval if the entity acts in accordance with the approval. If the commissioner gives an approval under this section— the commissioner must also ensure that a copy of the gazette notice is published on the commissioner’s website on the internet while the approval is in force; and if it is practicable to do so, the agency the subject of the approval must ensure that a copy of the gazette notice is published on the agency’s website on the internet. s 157 amd 2023 No. 32 s 40 (sec.157-ssec.1) A relevant entity may apply to the information commissioner for an approval that waives or modifies an obligation of the entity to comply with— the privacy principle requirements; or for an agency— chapter 3A , part 2 or 3 or section 72 or 73 . (sec.157-ssec.2) The commissioner may, by gazette notice, give an approval that waives or modifies an obligation mentioned in subsection (1) — if it is a temporary approval—for the period of the approval’s operation; or otherwise—until the approval is revoked or amended. (sec.157-ssec.3) The Statutory Instruments Act 1992 , sections 49 to 51 apply to a gazette notice under subsection (2) , including a gazette notice revoking or amending an approval, as if it were subordinate legislation. (sec.157-ssec.4) The commissioner may give an approval under this section for an obligation only if the commissioner is satisfied that the public interest in the relevant entity’s compliance with the obligation is outweighed by the public interest in waiving or modifying the entity’s compliance with the obligation to the extent stated in the approval. (sec.157-ssec.5) While an approval is in force, the relevant entity does not contravene this Act in relation to the obligation the subject of the approval if the entity acts in accordance with the approval. (sec.157-ssec.6) If the commissioner gives an approval under this section— the commissioner must also ensure that a copy of the gazette notice is published on the commissioner’s website on the internet while the approval is in force; and if it is practicable to do so, the agency the subject of the approval must ensure that a copy of the gazette notice is published on the agency’s website on the internet. - (a) the privacy principle requirements; or - (b) for an agency— chapter 3A , part 2 or 3 or section 72 or 73 . - (a) if it is a temporary approval—for the period of the approval’s operation; or - (b) otherwise—until the approval is revoked or amended. - (a) the commissioner must also ensure that a copy of the gazette notice is published on the commissioner’s website on the internet while the approval is in force; and - (b) if it is practicable to do so, the agency the subject of the approval must ensure that a copy of the gazette notice is published on the agency’s website on the internet.