Document ID: chunk:federal_register_of_legislation:C2004A04211:body:0:p4
Version: federal_register_of_legislation:C2004A04211
Segment Type: other
Provision Reference: 
Character Range: 8526–11322

the Privacy Act 19882.

Interpretation

11. Section 6 of the Principal Act is amended by omitting from the definition of "credit reporting business" in subsection (1) ", or for purposes that include the purpose, of" and substituting "of, or for purposes that include as the dominant purpose the purpose of,".

Credit providers

12. Section 11B of the Principal Act is amended by adding at the end the following subsections:

"(5) Subject to subsection (6), while a person is acting as an agent of a credit provider in performing, on behalf of the credit provider, a task that is necessary:

  (a)     in processing an application for a loan; or

  (b)     in managing:

       (i) a loan given by the credit provider; or

          (ii) an account maintained by any person with the credit provider;

the first-mentioned person:

    (c)     is taken, for the purposes of this Act, to be another credit provider; and

    (d)     is subject to the same obligations under this Act as any other credit provider.

"(6) Nothing in this Act prevents such an agent of a credit provider disclosing to the credit provider, in the agent's capacity as such an agent, a report (within the meaning of subsection 18N(9)) to which section 18N applies.

"(7) The reference in subsection (5) to the management of a loan does not include a reference to any act relating to the collection of payments that are overdue in respect of the loan.".

Access to credit information files and credit reports

13. Section 18H of the Principal Act is amended by adding at the end the following subsection:

"(3) An individual's rights of access under this section may also be exercised by a person (other than a credit provider, mortgage insurer or trade insurer) authorised, in writing, by the individual to exercise those rights on the individual's behalf in connection with:

    (a)     an application, or a proposed application, by the individual for a loan; or

  (b)     the individual having sought advice in relation to a loan.".

Limits on disclosure of personal information by credit reporting agencies

  14. Section 18K of the Principal Act is amended:

  (a)     by omitting from paragraph (1)(b) ", in writing,";

  (b)    by inserting after subsection (1) the following subsection:

     "(1A) For the purposes of paragraph (1)(b), the individual's agreement to the report being given to the credit provider must be in writing unless:

         (a)     the report is requested for the purpose of assessing an application for commercial credit that was at first instance made orally; and

       (b)     the application has not yet been made in writing.";

     (c) by adding at the end of subsection (6) "(other than information that the credit reporting agency is permitted under section 18E to include in the