Document ID: chunk:federal_register_of_legislation:F2025L00113:body:0:p2
Version: federal_register_of_legislation:F2025L00113
Segment Type: other
Provision Reference: 
Character Range: 2822–5165

does an act, or engages in a practice, in relation to the information that would be a breach of an APP (other than APP 1) if the APPs applied to that act or practice.

8 Public Interest
     1.     The public interest in ANZ carrying out the acts and practices set out in section 7 above outweighs to a substantial degree the public interest in adhering to APP 8.1 or ANZ being taken to have breached an APP (other than APP 1) as a result of the acts or practices of the overseas financial institution where:
             1.     it is not practical for ANZ to rely on the exceptions set out at APP 8.2(a) or APP 8.2(b) when disclosing the personal information,
             2.     the other exceptions in APP 8.2 are not relevant to the disclosure of the personal information,
             3.     ANZ takes a number of steps to ensure the security and confidentiality of the personal information disclosed, and
             4.     the nature of the arrangements that support and facilitate the processing of IMTs means that ANZ is not in a position to take additional steps to comply with APP 8.1 before disclosing the personal information.
     2.     For the purpose of paragraph 8(1)(a) above, it may not be practical for ANZ to rely on the exception at APP 8.2(a) when engaging in the acts and practices set out in section 8 due to:
             1.     the potentially large number of overseas locations to which the personal information may be disclosed, and
             2.     ANZ not having any relationship with the beneficiary, or the means to establish that relationship, in order to gain the beneficiary's consent to the disclosure of the personal information.

9 Public interest determination

 1.    Accordingly, by operation of subsection 72(3) of the Privacy Act, while this public interest determination is in force ANZ is taken not to breach section 15 of the Privacy Act if:
         1.     ANZ breaches APP 8.1 when engaging in the acts and practices set out in section 7 above, or
         2.     an overseas financial institution does an act, or engages in a practice, in relation to the personal information disclosed to it by ANZ in the course of ANZ doing the acts or engaging in the practices set out in section 7 above, that would be a breach of an APP (other than APP 1) if the APPs applied to that act or practice.