Document ID: chunk:federal_register_of_legislation:C2025C00055:section:22c
Version: federal_register_of_legislation:C2025C00055
Segment Type: section
Provision Reference: s 22C
Character Range: 263853–265597

22C  Use or disclosure of information by mortgage insurers or trade insurers

Prohibition on use or disclosure
 (1) If:
 (a) a mortgage insurer or trade insurer holds or held personal information about an individual; and
 (b) the information was disclosed to the insurer by a credit reporting body or credit provider under Division 2 or 3 of this Part;
the insurer must not use or disclose the information, or any personal information about the individual derived from that information.
Civil penalty: 2,000 penalty units.

Permitted uses
 (2) Subsection (1) does not apply to the use of the information if:
 (a) for a mortgage insurer—the use is for:
 (i) a mortgage insurance purpose of the insurer in relation to the individual; or
 (ii) any purpose arising under a contract for mortgage insurance that has been entered into between the credit provider and the insurer; or
 (b) for a trade insurer—the use is for a trade insurance purpose of the insurer in relation to the individual; or
 (c) 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 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 mortgage insurer or trade insurer is an APP entity, Australian Privacy Principles 6, 7 and 8 do not apply to the insurer in relation to the information.
 (5) If:
 (a) the mortgage insurer or trade insurer 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 insurer in relation to the information.