PRIVACY ACT 1988
(Repealed by No 197 of 2012) Determinations about an APP entity ' s acts and practices 72(2)
Subject to this Division, if the Commissioner is satisfied that:
(a) an act or practice of an APP entity breaches, or may breach:
(i) an Australian Privacy Principle; or
(ii) a registered APP code that binds the entity; but
(b) the public interest in the entity doing the act, or engaging in the practice, substantially outweighs the public interest in adhering to that code or principle;
the Commissioner may, by legislative instrument, make a determination to that effect.
The APP entity is taken not to contravene section 15 or 26A if the entity does the act, or engages in the practice, while the determination is in force under subsection (2).
The Commissioner may, by legislative instrument, make a determination that no APP entity is taken to contravene section 15 or 26A if, while that determination is in force, an APP entity does an act, or engages in a practice, that is the subject of a determination under subsection (2) in relation to that entity or any other APP entity.
A determination under subsection (4) has effect according to its terms.
[ Commissioner ' s Note: Public Interest Determinations and other Determinations issued pursuant to s 72 appear behind the " Public Interest and Complaint Determinations " tab in this Handbook.]
: No 197 of 2012, s 3 and Sch 6 item 12 contains the following saving provision:
public interest determinations
This item applies to a determination if:
(a) the determination was made under section 72 of the Privacy Act; and
(b) the determination was in force immediately before the commencement time.
The determination has effect, after the commencement time, as if it had been made under that section, as amended by Schedule 4 to this Act.
The Commissioner may, by legislative instrument, vary the determination after the commencement time to take account of the amendments of the Privacy Act made by this Act.
In deciding whether to vary the determination, the Commissioner may:
(a) consult any person or entity; and
(b) take into account any matter that the Commissioner considers relevant.