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Part VI--Public interest determinations and temporary public interestdeterminations
Determinations about an organisation's acts and practices
(2) Subject to this Division, if the Commissioner is satisfied that:
(a) an act or practice of an organisation breaches, or may breach, an approvedprivacy code, or a National Privacy Principle, that binds the organisation;but
(b) the public interest in the organisation doing the act, or engaging in thepractice, substantially outweighs the public interest in adhering to that codeor Principle;
the Commissioner may make a written determination to that effect.
Effect of determination under subsection (2)
(3) The organisation is taken not to contravene section 16A if theorganisation does the act, or engages in the practice, while the determinationis in force under subsection (2).
Giving a determination under subsection (2) general effect
(4) The Commissioner may make a written determination that noorganisation is taken to contravene section 16A if, while that determination isin force, an organisation does an act, or engages in a practice, that is thesubject of a determination under subsection (2) in relation to thatorganisation or any other organisation.
Effect of determination under subsection (4)
(5) A determination under subsection (4) has effect according to itsterms.
Note: The following heading to subsection 72(1) is inserted "Determinationsabout an agency's acts and practices".
Note: The heading to section 73 is altered by adding at the end "ororganisation".
(2) If the applicant is an agency, the Commissioner must send to the agency,and to each other person (if any) who is interested in the application, awritten invitation to notify the Commissioner, within the period specified inthe invitation, whether or not the agency or other person wishes theCommissioner to hold a conference about the draft determination.
(2A) If the applicant is an organisation, the Commissioner must:
(a) send a written invitation to the organisation to notify the Commissioner,within the period specified in the invitation, whether or not the organisationwishes the Commissioner to hold a conference about the draft determination;and
(b) issue, in any way the Commissioner thinks appropriate, an invitation incorresponding terms to the other persons (if any) that the Commissioner thinksappropriate.
(2) Regulations (if any) in force for the purposes of subsection 75(3) of thePrivacy Act 1988 immediately before the commencement of this Schedulehave effect, after that commencement, as if they had been made for the purposesof that subsection after that commencement.
(3) Subitem (2) does not prevent the amendment or repeal of the regulations.
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(a) the act or practice of an agency or organisation that is the subject of anapplication under section 73 for a determination under section 72 breaches, ormay breach:
(i) in the case of an agency--an Information Privacy Principle; and
(ii) in the case of an organisation--an approved privacy code, or a NationalPrivacy Principle, that binds the organisation; and
(b) the public interest in the agency or organisation doing the act, orengaging in the practice, outweighs to a substantial degree the public interestin adhering to that Principle or code; and
(c) the application raises issues that require an urgent decision.
(2) The Commissioner may make a written temporary public interestdetermination that he or she is satisfied of the matters set out in subsection(1). The Commissioner may do so:
(a) on request by the agency or organisation; or
(b) on the Commissioner's own initiative.
(3) The Commissioner must:
(a) specify in the determination a period of up to 12 months during which thedetermination is in force (subject to subsection 80D(2)); and
(b) include in the determination a statement of the reasons for thedetermination.
(1) If an act or practice of an agency is the subject of a temporarypublic interest determination, the agency is taken not to breach section 16 ifthe agency does the act, or engages in the practice, while the determination isin force.
Organisation covered by a determination
(2) If an act or practice of an organisation is the subject of atemporary public interest determination, the organisation is taken not tocontravene section 16A if the organisation does the act, or engages in thepractice, while the determination is in force.
Giving a temporary public interest determination general effect
(3) The Commissioner may make a written determination that noorganisation is taken to contravene section 16A if, while that determination isin force, an organisation does an act, or engages in a practice, that is thesubject of a temporary public interest determination in relation to thatorganisation or another organisation.
Effect of determination under subsection (3)
(4) A determination under subsection (3) has effect according to itsterms.
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(2) A determination under this Division about an act or practice ceases to bein effect when:
(a) a determination made under subsection 72(1) or (2) (as appropriate) aboutthe act or practice comes into effect; or
(b) a determination is made under paragraph 78(b) to dismiss the application.
(2) The Commissioner may decide the form of the register and how it is to bekept.
(3) The Commissioner must make the register available to the public in the waythat the Commissioner determines.
(4) The Commissioner may charge fees for:
(a) making the register available to the public; or
(b) providing copies of, or extracts from, the register.
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URL: http://www.worldlii.org/int/other/PrivLRes/2000/1-00-8.html