Document ID: chunk:federal_register_of_legislation:C2025C00096:section:45c:p1
Version: federal_register_of_legislation:C2025C00096
Segment Type: section
Provision Reference: s 45C (pt 1/2)
Character Range: 153563–156197

45C  Use and disclosure of personal information
 (1) This section applies to personal information about any of the following people:
 (a) an applicant for a certificate of entitlement;
 (b) a person who has been issued with a certificate of entitlement (whether or not the certificate is in force);
 (c) a person, or the assignee of a person, to whom a subsidised advance has been made;
 (d) a widow or widower of a person (other than an assignee) covered by paragraph (a), (b) or (c).
 (2) A person covered by subsection (3) may, for a purpose prescribed by the regulations:
 (a) use the personal information; or
 (b) disclose the personal information to another person covered by that subsection.
 (3) This subsection covers the following people:
 (a) the Secretary;
 (b) a delegate of the Secretary under section 6A;
 (c) a delegate of the Secretary under the Defence Home Ownership Assistance Scheme Act 2008 (the 2008 Act) or the Defence Force (Home Loans Assistance) Act 1990 (the 1990 Act);
 (d) a credit provider, if the credit provider has:
 (i) received an application for a subsidised advance from the person mentioned in paragraph (1)(b) of this section; or
 (ii) made a subsidised advance to the person mentioned in paragraph (1)(c) of this section;
 (e) a loan provider as defined under section 3 of the 2008 Act, if the loan provider has:
 (i) received an application for a subsidised loan (as defined under section 3 of the 2008 Act) from the person mentioned in paragraph (1)(b) of this section; or
 (ii) made a subsidised loan (as defined under section 3 of the 2008 Act) to the person mentioned in paragraph (1)(c) of this section;
 (f) the Bank as defined under section 3 of the 1990 Act, if the Bank has:
 (i) received an application for a subsidised loan (as defined under section 3 of the 1990 Act) from the person mentioned in paragraph (1)(b) of this section; or
 (ii) made a subsidised loan (as defined under section 3 of the 1990 Act) to the person mentioned in paragraph (1)(c) of this section.
 (4) The use and disclosure of personal information under subsection (2) is taken to be authorised by this Act for the purposes of:
 (a) the Privacy Act 1988; and
 (b) any provision of a law of a State or Territory that provides that personal information may be used or disclosed if the use or disclosure is authorised by law.
Note: The authorisation under this subsection is only for the use and disclosure of personal information for a prescribed purpose mentioned in subsection (2).
 (5) The regulations may prescribe circumstances in which a person may, or must not, use or disclose personal information for