Commonwealth Numbered Acts

PRIVACY ACT 1988 No. 119, 1988 - SECT 72

72. Subject to this Part, where the Commissioner is satisfied that:

   (a)  an act or practice of an agency breaches, or may breach, an
        Information Privacy Principle; and

   (b)  the public interest in the agency doing the act, or engaging in the
        practice, outweighs to a substantial degree the public interest in
        adhering to that Information Privacy Principle; the Commissioner may
        make a written determination to that effect and, if the Commissioner
        does so, the fact that the act or practice breaches that
        Information Privacy Principle shall:

   (c)  if the agency does the act while the determination is in force; or

   (d)  in so far as the agency engages in the practice while the
        determination is in force; as the case may be, be disregarded for the
        purpose of section 16.