Privacy Act 1988

PART VI - PUBLIC INTEREST DETERMINATIONS AND TEMPORARY PUBLIC INTEREST DETERMINATIONS  

Division 1 - Public interest determinations  

SECTION 73   APPLICATION BY APP ENTITY  

73(1)    

An APP entity may apply in accordance with the regulations for a determination under section 72 about an act or practice of the entity.

73(1A)    

If:

(a) an application is made under subsection (1); and

(b) the Commissioner is satisfied that the application is frivolous, vexatious, misconceived, lacking in substance or not made in good faith;

the Commissioner may, in writing, dismiss the application.

73(2)   [ CEO of the National Health and Medical Research Council]  

The CEO of the National Health and Medical Research Council may make an application under subsection (1) on behalf of other agencies concerned with medical research or the provision of health services.

73(3)   [ Reference to agency]  

Where an application is made by virtue of subsection (2), a reference in the succeeding provisions of this Part to the agency is a reference to the CEO of the National Health and Medical Research Council.

73(4)   [ Commissioner ' s determination under sec 72]  

Where the Commissioner makes a determination under section 72 on an application made by virtue of subsection (2), that section has effect, in relation to each of the agencies on whose behalf the application was made as if the determination had been made on an application by that agency.

[ Commissioner ' s Note: No Determination Regulations have been made pursuant to Regulation 73, however in March 1991 the Commissioner issued Public Interest Determination Procedure Guidelines.]