PART 4Data Protection in relation to Police and Judicial Cooperation in Criminal Matters
CHAPTER 3Miscellaneous
Other functions of the Commissioner51
1
The following provisions of the Act apply for the purposes of this Part as they apply for the purposes of the Act, with the modifications set out in paragraph (2)—
a
in Part 5 (enforcement)—
i
sections 40, except subsections (4)(b), (9) and (10), and 41 (enforcement notices);
ii
sections 42 (request for assessment) and 43, except subsection (10) (information notices);
iii
section 47 (failure to comply with notice); and
iv
sections 48, except subsection (4), and 49, except subsection (5) (appeals);
b
in Part 6 (miscellaneous and general)—
i
sections 51 to 52E (functions of the Commissioner);
ii
section 54A (inspection of overseas information systems);
iii
sections 55A to 55E (monetary penalties);
iv
sections 58 and 59 (information);
v
section 60 (except for subsection (4)(a) and (b)) (prosecutions and penalties);
vi
section 63(1), (2) and (5) (application to Crown); and
vii
sections 64(1)(c), (2) and (3) (transmission of notices etc. by electronic or other means) and 65 (service of notices by Commissioner).
2
The modifications referred to in paragraph (1) are—
a
any reference to a matter listed in the first column of the table in Schedule 5 is to be construed as a reference to the matter in the corresponding entry in the second column of that table; and
b
a provision including a reference to a “special information notice” is to be read as if that reference were omitted.