Privacy Act 1988 - Approval of the Biometrics Institute Privacy Code
K. REGISTRATION AND DEREGISTRATIONK. REGISTRATION AND DEREGISTRATION
Start here
Get a plain-English read of K. REGISTRATION AND DEREGISTRATION
Turn the raw legal text into a practical explanation grounded in Privacy Act 1988 - Approval of the Biometrics Institute Privacy Code.
K. REGISTRATION AND DEREGISTRATION
Application to become a Code Subscriber
-
Organisations eligible to be Code Subscribers may make application to the Code Administrator in accordance with the procedures established by the Code Administrator and approved by the Biometrics Institute Board from time to time.
-
If an applicant intends that its registration as a Code Subscriber is to cover one or more subsidiaries, then, subject to each subsidiary being eligible for registration, the applicant must provide the names of each subsidiary organisation in its application.
-
The application shall be in a form prescribed by the Code Administrator and approved by the Biometrics Institute Board from time to time and will include a duly authorised and signed Biometrics Institute Privacy Code Agreement to Comply by the applicant indicating that it agrees to be bound by the Code.
-
The Code Administrator will, within a reasonable time:
4.1 assess the eligibility of the applicant for approval as a Code Subscriber; and
4.2 upon satisfying itself that an applicant is eligible for approval as a Code Subscriber recommend to the Biometrics Institute Board that the relevant application be approved.
-
Where, in the course of assessing an application under subclause K.4, the Code Administrator finds an applicant to be ineligible for approval, the Code Administrator will notify the applicant, setting out the reasons for its ineligibility.
-
An applicant who is notified of their ineligibility under subclause K.5 shall have the opportunity of rectifying their ineligibility and reapplying for approval.
-
The Biometrics Institute Board will periodically consider all recommendations for approval of applications by the Code Administrator and will notify the Code Administrator of its decision to ratify or otherwise reject each application.
-
If the Biometrics Institute Board decides not to ratify the Code Administrator’s recommendation under subclause K.4.2, it shall provide the Code Administrator with reasons, whereupon the Code Administrator will notify the applicant of its unsuccessful application, together with reasons.
9. Neither:
9.1 refusal by the Biometrics Institute Board to ratify an application; nor
9.2 deregistration in accordance with subclause K.19, will prevent a Code Subscriber or applicant as the case may be from reapplying at a later stage for registration, provided that:
9.3 such application is made in good faith; and