Document ID: chunk:federal_register_of_legislation:C2004A00748:clause:1_118
Version: federal_register_of_legislation:C2004A00748
Segment Type: clause
Provision Reference: sch 1 cl 118
Character Range: 97120–98545

118  At the end of section 72
Add:

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 approved privacy code, or a National Privacy Principle, that binds the organisation; but
 (b) the public interest in the organisation doing the act, or engaging in the practice, substantially outweighs the public interest in adhering to that code or 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 the organisation 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

 (4) The Commissioner may make a written determination that no organisation is taken to contravene section 16A if, while that determination is in force, an organisation does an act, or engages in a practice, that is the subject of a determination under subsection (2) in relation to that organisation or any other organisation.

Effect of determination under subsection (4)

 (5) A determination under subsection (4) has effect according to its terms.

Note: The following heading to subsection 72(1) is inserted "Determinations about an agency's acts and practices".