Document ID: chunk:federal_register_of_legislation:C2024C00826:section:47:p3
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 47 (pt 3/3)
Character Range: 135361–136905

intermediary.
 (3AC) The Reference Checking and Information Sharing Protocol may provide for keeping and retaining records of information shared, and the circumstances under which that information is shared.
 (3B) The Reference Checking and Information Sharing Protocol must not:
 (a) require or permit personal information (within the meaning of the Privacy Act 1988) to be shared, other than with the consent of the individual to whom the information relates; or
 (b) require information to be shared in relation to conduct that occurred more than 5 years before the information is shared.
 (3E) Expressions used in paragraphs (3A)(c) and (3AB)(c) that are also used in the Corporations Act 2001 (other than Reference Checking and Information Sharing Protocol) have the same meaning in that subsection as they have in that Act.

Qualified privilege
 (3F) A person has qualified privilege in relation to information shared in accordance with the Reference Checking and Information Sharing Protocol.
 (3G) A person who has qualified privilege under subsection (3F) in respect of conduct is also not liable for any action based on breach of confidence in relation to that conduct.

Civil penalty for non‑compliance
 (4) The licensee must not contravene paragraph (1)(a), (b), (e), (ea), (f), (g), (h), (i), (j), (k), (l) or (m).
Civil penalty: 5,000 penalty units.
Note: Contravening paragraphs (1)(c) (obligation to comply with conditions on the licence) and (d) (compliance with the credit legislation) has consequences under other provisions.