Section 72 — Privacy Act 1988: Power to make, and effect of, determinations

Determinations about an APP entity’s acts and practices (2) Subject to this Division, if the Commissioner is satisfied that: (a) an act or practice of an APP entity breaches, or may breach: (i) an Australian Privacy Principle; or (ii) a registered APP code that binds the entity; but (b) the public interest in the entity doing the act, or engaging in the practice, substantially outweighs the public interest in adhering to that code or principle; the Commissioner may, by legislative instrument, make a determination to that effect. Effect of determination under subsection (2) (3) The APP entity is taken not to contravene section 15 or 26A if the entity 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, by legislative instrument, make a determination that no APP entity is taken to contravene section 15 or 26A if, while that determination is in force, an APP entity does an act, or engages in a practice, that is the subject of a determination under subsection (2) in relation to that entity or any other APP entity. Effect of determination under subsection (4) (5) A determination under subsection (4) has effect according to its terms.