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Section : 80A Temporary public interest determinations
Domain : Human Resource Management
Classification : Not Identified
Text Content
- (1) This section applies if the Commissioner is satisfied that:
- (a) the act or practice of 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.
- (2) 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.
- (3) 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)).