Privacy Act 1988
View history note
Hide history note(Repealed by No 197 of 2012)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.
Effect of determination under subsection (2)
72(3)
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).
Giving a determination under subsection (2) general effect
72(4)
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.
Effect of determination under subsection (4)
72(5)
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.]
[
CCH Note
: No 197 of 2012, s 3 and Sch 6 item 12 contains the following saving provision:
12 Saving
-
public interest determinations
]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
