Privacy Act 1988


Division 2 - Temporary public interest determinations  


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) ).


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