National Consumer Credit Protection - Transitional Registry Disclosure Framework 2022
Reference: LI 2022/20
Document type: Legislative Instrument
Enabling act: National Consumer Credit Protection Act 2009
Date of issue: 16 June 2022
Signatory: Chris Jordan Registrar
Registration number: F2022L00802
Registration date: 21 June 2022


1 Name: This instrument is the National Consumer Credit Protection - Transitional Registry Disclosure Framework 2022. | 2 Commencement: This instrument commences immediately after the commencement of item 20 of Schedule 1 to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020. | 3 Authority: This instrument is made under the National Consumer Credit Protection Act 2009. | 4 Definitions: Note: A number of terms used in this instrument are defined in the National Consumer Credit Protection Act 2009, including the following: (a) official employment; (b) protected information; (c) Registrar. (a) official employment; (b) protected information; (c) Registrar. In this instrument: commencement day means the day on which item 20 of Schedule 1 to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 commences. NCCP Act means the National Consumer Credit Protection Act 2009. old NCCP Act means the National Consumer Credit Protection Act 2009 as in force immediately before the commencement of this instrument. old NCCP instrument means an instrument or approved form made under the old NCCP Act. registry information means any information that is protected information within the meaning of the NCCP Act; for the avoidance of doubt, that includes information: (a) provided to, obtained or held by the Registrar in connection with particular functions or powers of the Registrar; or (b) provided to, obtained or held by ASIC on behalf of the Registrar in connection with particular functions or powers of the Registrar. (a) provided to, obtained or held by the Registrar in connection with particular functions or powers of the Registrar; or (b) provided to, obtained or held by ASIC on behalf of the Registrar in connection with particular functions or powers of the Registrar. | 5 Disclosure of registry information: (1) The disclosure of registry information is permitted by this instrument where: (a) ASIC would have been permitted to make the disclosure immediately prior to the commencement day under: (i) the old NCCP Act (ii) an old NCCP instrument; or (iii) the Australian Securities and Investments Commission Act 2001; or (b) the disclosure is to ASIC or persons in official employment of ASIC; or (c) the disclosure is of information that has been lawfully made available to the public prior to the commencement day. Note: The effect of this subsection is that a disclosure of protected information in accordance with this instrument is authorised by paragraph 212M(3)(f) of the NCCP Act. (a) ASIC would have been permitted to make the disclosure immediately prior to the commencement day under: (i) the old NCCP Act (ii) an old NCCP instrument; or (iii) the Australian Securities and Investments Commission Act 2001; or (b) the disclosure is to ASIC or persons in official employment of ASIC; or (c) the disclosure is of information that has been lawfully made available to the public prior to the commencement day. (i) the old NCCP Act (ii) an old NCCP instrument; or (iii) the Australian Securities and Investments Commission Act 2001; or (2) Without limiting subsection (1), registry information that may be disclosed in accordance with that subsection may be disclosed by ASIC, the Registrar or persons in official employment of ASIC or the Registrar. (3) For the avoidance of doubt, and without limiting subsections (1) and (2), a disclosure that is permitted by those subsections may be made: (a) using notices, forms or systems or any other means by which the disclosure would have been made by ASIC immediately before the commencement day; or (b) in accordance with any arrangement that was in place immediately before the commencement day. (a) using notices, forms or systems or any other means by which the disclosure would have been made by ASIC immediately before the commencement day; or (b) in accordance with any arrangement that was in place immediately before the commencement day. (4) All arrangements in relation to payments for the disclosure of registry information in place immediately before the commencement date apply on and from the commencement date. | 6 Application to prevent the disclosure of particular protected information: (1) Any application to the Registrar made under section 212P of the NCCP Act is to be made on the same basis as an application under the old NCCP Act or an old NCCP instrument was permitted to be made to ASIC. (2) The Registrar may decide the application on the same basis as ASIC would have decided an application under the old NCCP Act or an old NCCP instrument. (3) For the avoidance of doubt, and without limiting subsections (1) and (2), the application or the decision may be made using notices, forms or systems or any other means by which the application would have been made to ASIC or the decision would have been made by ASIC under the old NCCP Act or an old NCCP instrument.