Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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)).