Document ID: chunk:federal_register_of_legislation:C2015C00053:clause:2_22e
Version: federal_register_of_legislation:C2015C00053
Segment Type: clause
Provision Reference: sch 2 cl 22E
Character Range: 200410–201827

22E  Use or disclosure of information by credit managers etc.

Prohibition on use or disclosure
 (1) If:
 (a) a person holds or held credit eligibility information about an individual; and
 (b) the information was disclosed to the person by a credit provider under paragraph 21G(3)(c);
the person must not use or disclose the information, or any personal information about the individual derived from that information.
Civil penalty: 1,000 penalty units.

Permitted uses
 (2) Subsection (1) does not apply to the use of the information if:
 (a) the person uses the information for the purpose for which it was disclosed to the person under paragraph 21G(3)(c); or
 (b) the use is required or authorised by or under an Australian law or a court/tribunal order.

Permitted disclosure
 (3) Subsection (1) does not apply to the disclosure of the information if:
 (a) the disclosure is to the credit provider; or
 (b) the disclosure is required or authorised by or under an Australian law or a court/tribunal order.

Interaction with the Australian Privacy Principles
 (4) If the person is an APP entity, Australian Privacy Principles 6, 7 and 8 do not apply to the person in relation to the information.
 (5) If:
 (a) the person is an APP entity; and
 (b) the information is a government related identifier of the individual;
Australian Privacy Principle 9.2 does not apply to the person in relation to the information.