Privacy Act 1988
This section applies if the Commissioner is satisfied that:
(a) the act or practice or an APP entity that is the subject of an application under section 73 for a determination under section 72 breaches, or may breach:
(i) an Australian Privacy Principle; or
(ii) a registered APP code that binds the entity; and
(b) the public interest in the entity doing the act, or engaging in the practice, outweighs to a substantial degree the public interest in adhering to that principle or code; and
(c) the application raises issues that require an urgent decision.
The Commissioner may, by legislative instrument, make a determination that he or she is satisfied of the matters set out in subsection (1). The Commissioner may do so:
(a) on request by the APP entity; or
(b) on the Commissioner ' s own initiative.
The Commissioner must specify in the determination a period of up to 12 months during which the determination is in force (subject to subsection 80D(2) ).
Sch 1 of No 155 of 2000, effective 21 December 2001, contains the following application provisions:
Application. Section 80A of the Privacy Act 1988 as amended by this Schedule applies in relation to an application made by or on behalf of an agency under section 73 of that Act, whether the application was made before or after the commencement of this Schedule.
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