(1) The Minister, by legislative instrument :
(a) may make guidelines for the exercise of the Secretary's power to give certificates for the purposes of paragraph 12N(1)(a); and
(b) may make guidelines for the exercise of the Secretary's power under paragraph 12N(1)(b).
(2) The guidelines must not be inconsistent with the provisions of the Privacy Act 1988 .
(3) Before making an instrument under subsection ( 1), the Minister must consult the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010 ) .