Section 80A — Privacy Act 1988: Temporary public interest determinations

(1) This section applies if the Commissioner is satisfied that: (a) the act or practice of an APP entity that is the subject of an application under section 73 for a determination under section 72 breaches, or may breach: (i) an Australian Privacy Principle; or (ii) a registered APP code that binds the entity; and (b) the public interest in the entity 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, by legislative instrument, make a 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 APP entity; or (b) on the Commissioner’s own initiative. (3) The Commissioner must specify in the determination a period of up to 12 months during which the determination is in force (subject to subsection 80D(2)).