It's standard practice, I think as you said, the Privacy Commissioner does not bless legislation ahead of time. The Privacy Commissioner is free to comment at any time on legislation or any other issue, but it is the Department of Justice that you go to as a Department of Finance official, whether it's with respect to a tax treaty or with respect to legislation. It is the Department of Justice that has all the constitutional questions that they must address.
On May 29th, 2014. See this statement in context.