Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A credit provider that is or has been in possession or control of a report must not disclose the report or any personal information derived from the report to another person for any purpose unless:
(a) the report or information is disclosed to a credit reporting agency for the purpose of being used:
(i) to create a credit information file in relation to the individual concerned; or
(ii) to include information in a credit information file, maintained by the credit reporting agency, in relation to the individual concerned; or
(b) the individual concerned has specifically agreed to the disclosure of the report or information to another credit provider for the particular purpose; or
(ba) the report or information is disclosed:
(i) to the guarantor of a loan provided by the credit provider to the individual concerned; and
(ii) for any purpose related to the enforcement or proposed enforcement of the guarantee; or
(bb) the report or information is disclosed to a mortgage insurer:
(i) for the purpose of assessing whether to provide insurance to, or the risk of providing insurance to, a credit provider in respect of mortgage credit given by the credit provider to the individual concerned or applied for by the individual concerned to the credit provider; or
(ii) for the purpose of assessing the risk of the individual defaulting on mortgage credit in respect of which the mortgage insurer has provided insurance to the credit provider; or
(iii) for any purpose arising under a contract for mortgage insurance that has been entered into between the credit provider and the mortgage insurer; or
(bc) the report or information is disclosed:
(i) to a person or body generally recognised and accepted in the community as being a person appointed, or a body established, for the purpose of settling disputes between credit providers, acting in their capacity as credit providers, and their customers; and
(ii) for the purpose of settling a dispute between the credit provider and the individual concerned; or
(bd) the report or information is disclosed:
(i) to a Minister, Department or authority, of a State or Territory whose functions or responsibilities include giving assistance (directly or indirectly) that facilitates the giving of mortgage credit to individuals; and
(ii) for the purpose of enabling the Minister, Department or authority to determine the extent of assistance (if any) it will give in relation to the giving of mortgage credit to the individual concerned; or
(bda) the report or information is disclosed:
(i) to a Minister, Department or authority, of a State or Territory whose functions or responsibilities include the management or supervision of schemes or arrangements under which assistance is given (directly or indirectly) that facilitates the giving of mortgage credit to individuals; and
(ii) for the purpose of enabling the Minister, Department or authority to manage or supervise any such scheme or arrangement; or
(be) the report or information:
(i) is disclosed to a person or body carrying on a business of supplying goods or services; and
(ii) is disclosed for the purpose of enabling that person or body to decide whether to accept, as payment for goods or services supplied to the individual concerned, payment by means of credit card or electronic transfer of funds; and
(iii) does not contain or include any personal information derived from a credit report, other than:
(A) information of a kind referred to in paragraph 18E(1)(a); and
(B) information as to whether the individual has a line of credit with the credit provider, or funds deposited with the credit provider, sufficient to meet the payment concerned; or
(bf) the report or information:
(i) is disclosed to a person or body that is considering taking an assignment of, or discharging on the individual's behalf, a debt owed by the individual to the credit provider; and
(ii) does not contain or include any personal information derived from a credit report, other than:
(A) information of a kind referred to in paragraph 18E(1)(a); and
(B) information as to the amount of the debt, or the amount required to be paid in order to discharge the debt; or
(bg) the report or information is disclosed to a person who is a guarantor in respect of, or who has provided property as security for, a loan given by the credit provider to the individual concerned, and:
(i) the individual has specifically agreed to the disclosure of the report or information to any such person; or
(ii) the following circumstances apply:
(A) the guarantee or security was given before the commencement of this paragraph;
(B) the report or information is disclosed for the purpose of giving to the person information that is relevant to the amount or possible amount of the person's liability under the contract of guarantee or security;
(C) the credit provider has, prior to the disclosure, informed the individual that such disclosures may take place; or
(bh) the report or information is disclosed to a person for the purpose of that person considering whether to offer to act as guarantor in respect of, or to offer property as security for:
(i) a loan given by the credit provider to the individual concerned; or
(ii) a loan for which the individual concerned has applied to the credit provider;
and the individual has specifically agreed to the disclosure of the report or information to any such person for that purpose; or
(c) the report (not being a credit report) or information:
(i) is disclosed to a person or body carrying on a business or undertaking that involves the collection of debts on behalf of others; and
(ii) is disclosed for the purpose of the collection of payments that are overdue in respect of credit provided to the individual concerned by the credit provider; and
(iii) does not contain or include any personal information derived from a credit report, other than:
(A) information of a kind referred to in paragraph 18E(1)(a); and
(B) information of a kind referred to in subparagraph 18E(1)(b)(vi), not being information that relates to an overdue payment in respect of which a note to the effect that the individual is no longer overdue in making the payment has been included, under subsection 18F(4), in the credit information file from which the credit report was prepared; and
(C) information of a kind referred to in subparagraph 18E(1)(b)(viii) or (ix); or
(ca) the report (not being a credit report) or information:
(i) is disclosed to a person or body carrying on a business or undertaking that involves the collection of debts on behalf of others; and
(ii) is disclosed for the purpose of the collection of payments that are overdue in respect of commercial credit provided to a person by the credit provider; and
(iii) does not contain or include any personal information derived from a credit report, other than information of a kind referred to in paragraph 18E(1)(a) or subparagraph 18E(1)(b)(viii) or (ix); or
(d) where the credit provider is a corporation--the report or information is disclosed to a corporation that is related to the credit provider; or
(e) the report or information is disclosed to a corporation (including the professional legal advisers or professional financial advisers of that corporation) that proposes to use the report or information:
(i) in the process of considering whether to:
(A) accept an assignment of a debt owed to the credit provider; or
(B) accept a debt owed to the credit provider as security for a loan to the credit provider; or
(C) purchase an interest in the credit provider (including, in a case where the credit provider is a corporation, a corporation that is related to the credit provider); or
(ii) in connection with exercising rights arising from any acceptance or purchase of a kind referred to in subparagraph (i); or
(f) the report or information is disclosed to a person who manages loans made by the credit provider, for use in managing those loans; or
(fa) the report or information is disclosed to another credit provider in the following circumstances:
(i) the credit provider and the other credit provider have each provided to the individual concerned mortgage credit in respect of which the same real property forms all or part of the security;
(ii) the individual is at least 60 days overdue in making a payment in respect of the mortgage credit provided by either credit provider;
(iii) the disclosure is for the purpose of either credit provider deciding what action to take in relation to the overdue payment; or
(g) disclosure of the report or information to that other person for the particular purpose is required or authorised by or under law; or
(ga) the report or information is disclosed to:
(i) the individual; or
(ii) a person (other than a credit provider, mortgage insurer or trade insurer) authorised, in writing, by the individual to seek access to the report or information; or
(gb) the report or information is disclosed in the following circumstances:
(i) the individual concerned maintains an account with the credit provider;
(ii) the report or information relates to the operation of the account;
(iii) the report or information is disclosed to another person who is authorised by the individual to operate the account;
(iv) either:
(A) the report or information contains no information about the credit worthiness, credit standing, credit history or credit capacity of the individual concerned, other than basic transaction information; or
(B) the disclosure takes place in the ordinary course of the other person operating the account in the way authorised by the individual concerned; or
(h) the credit provider believes on reasonable grounds that the individual concerned has committed a serious credit infringement and the report or information is given to another credit provider or a law enforcement authority.
(1A) For the purposes of paragraph (1)(b), the individual's agreement to the disclosure of the report or information to another credit provider:
(a) must be in writing unless:
(i) the disclosure is sought for the purpose of assessing an application for credit or commercial credit that was initially made orally; and
(ii) the application has not yet been made in writing; and
(b) must be given to:
(i) the credit provider with possession or control of the report or information; or
(ii) the other credit provider.
(1B) For the purposes of paragraphs (1)(bg) and (bh), the individual's agreement to the disclosure of the report or information must be in writing unless:
(a) the disclosure relates to an application for a loan that was initially made orally; and
(b) the application has not yet been made in writing.
(1C) Paragraph (1)(ga) does not affect the operation of paragraph (1)(g) in relation to an individual obtaining access to credit report under section 18H.
(1D) For the purposes of paragraph (1)(gb), basic transaction information is any one or more of the following:
(a) the account balance;
(b) the amount of available credit in relation to the account;
(c) the minimum payment (if any) due on the account;
(d) information relating to transactions on the account by the other person.
(2) A credit provider that intentionally contravenes subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding $150,000.
(3) A credit provider that is or has been in possession or control of a credit report, or a report containing personal information derived from a credit report, must not:
(a) disclose the report to another person unless all personal information concerning individuals that is not information of a kind referred to in subsection 18E(1) has been deleted from the report; or
(b) disclose to another person any personal information derived from the report if the information is not information of a kind referred to in subsection 18E(1).
(4) References in subsection (3) to information that is not information of a kind referred to in subsection 18E(1) do not include references to information the disclosure of which is taken, because of the application of subsection 18K(3), not to be in contravention of subsection 18K(2).
(5) The Commissioner may determine, in writing, the manner in which a report or personal information derived from a report may, under subsection (1), be disclosed (including the manner in which an individual's agreement may be obtained for the purposes of paragraph (1)(b)).
(6) Where the Commissioner so determines, a report or information that is disclosed in a manner contrary to the determination is to be taken, except for the purposes of subsection (2), to have been disclosed contrary to subsection (1).
(7) A determination is to be made by notice published in the Gazette .
(8) A notice so published is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .
(9) In this section, unless the contrary intention appears:
(a) a credit report; or
(b) subject to subsection (10), any other record or information, whether in a written, oral or other form, that has any bearing on an individual's credit worthiness, credit standing, credit history or credit capacity;
but does not include a credit report or any other record or information in which the only personal information relating to individuals is publicly available information.
(10) For the purposes of the application of this section to a credit provider that is not a corporation, a record or information (other than a credit report) is not taken to be a report for the purposes of this section unless it is being or has been prepared by or for a corporation.
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