Document ID: chunk:federal_register_of_legislation:C2004A00748:clause:1_80a
Version: federal_register_of_legislation:C2004A00748
Segment Type: clause
Provision Reference: sch 1 cl 80A
Character Range: 100796–102069

80A  Temporary public interest determinations

 (1) This section applies if the Commissioner is satisfied that:
 (a) the act or practice of an agency or organisation that is the subject of an application under section 73 for a determination under section 72 breaches, or may 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 National Privacy Principle, that binds the organisation; and
 (b) the public interest in the agency or organisation 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 make a written temporary public interest 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 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 the determination is in force (subject to subsection 80D(2)); and
 (b) include in the determination a statement of the reasons for the determination.