What the subamendment contemplates is the possibility for two distinct bodies, one being a body that is a subject matter expert created for the sole purpose of making findings as they relate to violations of privacy and enshrined in law as the interpretive body for the statute, because by its investigatory power and its findings power it has the ability to determine what is or is not offside of the law.
Instead, we would now have a new body with wide responsibilities, so not necessarily the subject matter expertise that potentially comes with having this as your sole job, and this new body would have the same capacity now to make findings of violation and therefore interpretation of the statute in competition with or at least in parallel with the Privacy Commissioner. This essentially does at minimum bifurcate the interpretation of the act. It gives the interpretation of the act to two bodies, because essentially if a court is allowed to make a first-instance finding of a violation and to make rulings on what is and/or is not a violation in the first instance, it is now essentially equal to the Privacy Commissioner in coming to that determination.