(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.
(1) If an act or practice of an agency is the subject of a temporary public interest determination, the agency is taken not to breach section 16 if the agency does the act, or engages in the practice, while the determination is in force.
Organisation covered by a determination
(2) If an act or practice of an organisation is the subject of a temporary public interest determination, the organisation is taken not to contravene section 16A if the organisation does the act, or engages in the practice, while the determination is in force.
Giving a temporary public interest determination general effect
(3) The Commissioner may make a written determination that no organisation is taken to contravene section 16A if, while that determination is in force, an organisation does an act, or engages in a practice, that is the subject of a temporary public interest determination in relation to that organisation or another organisation.
Effect of determination under subsection (3)
(4) A determination under subsection (3) has effect according to its terms.
(2) A determination under this Division about an act or practice ceases to be in effect when:
(a) a determination made under subsection 72(1) or (2) (as appropriate) about the act or practice comes into effect; or
(b) a determination is made under paragraph 78(b) to dismiss the application.