Document ID: chunk:federal_register_of_legislation:F2024L01251:clause:2_5:p4
Version: federal_register_of_legislation:F2024L01251
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 4/5)
Character Range: 11134–13967

have provided with credit that they may disclose credit reporting information or credit eligibility information about the individual to a credit reporting body (unless the provider has subsequently advised the individual in writing that they will not make the disclosures and has, in fact, not made any such disclosures); or
          (b)  acquires the rights of another credit provider in relation to the repayment of an amount of credit, unless that second provider was a non-participating credit provider.
Note:  Credit providers described in paragraphs (a) and (b) are bound by this CR Code: see section 1 of Schedule 2 to this instrument.
ordinary monthly payment means the payment that becomes due and payable in relation to the consumer credit in a month (but does not include any payments that are overdue from previous months).
overdue payment arrangement means an arrangement, which is not a variation FHA, that is put in place in relation to payments owed by the individual that are or will become overdue.
Note: An overdue payment arrangement may also be a temporary FHA in the circumstances set out in subsection 8A(10) of Schedule 2 to this instrument.
Regulations means the Privacy Regulation 2013.
reverse mortgage has the meaning given in the National Consumer Credit Protection Act 2009.
section 21D(3) notice means a written notice of the kind described in paragraph 21D(3)(d) of the Act stating that the credit provider intends to disclose default information to a credit reporting body.
          Note 1: A section 21D(3) notice must be given before default information can be disclosed to a credit reporting body: see section 21D of the Act and section 9 of Schedule 2 to this instrument.
          Note 2: A section 21D(3) notice may include information about the availability of, or how to request, assistance on the grounds of financial hardship.
section 6Q notice means a written notice of the kind described in paragraph 6Q(1)(b) of the Act informing the individual of the overdue payment and requesting that the individual pay the amount of the overdue payment.
          Note: In order for information to be default information, a section 6Q notice must be given: see section 6Q of the Act and section 9 of Schedule 2 to this instrument.
temporary FHA means an agreed financial hardship arrangement which involves temporary relief from or deferral of the individual's obligations in relation to consumer credit (as described in subparagraph 6QA(1)(d)(ii) of the Act).
          Note: During a temporary FHA, payments will typically continue to accrue under the terms of the consumer credit, however repayment history information will reflect the terms of the temporary FHA (as set out in paragraph 8(2)(b) and subsection 8(5) of Schedule 2 to this instrument, rather than the contractual obligation under