Document ID: chunk:federal_register_of_legislation:C2004A04211:body:0:p6
Version: federal_register_of_legislation:C2004A04211
Segment Type: other
Provision Reference: 
Character Range: 13744–16674

persons; and

    (b)     the refusal is based wholly or partly on information derived from a credit report relating to one of those other persons that a credit reporting agency has given to the credit provider for the purpose of assessing the application;

the credit provider must give to that individual a written notice stating:

  (c)     that the application has been refused; and

    (d)     that the refusal was based wholly or partly, as the case requires, on information derived from a credit report relating to that person that a credit reporting agency has given to the credit provider.".

Limits on disclosure by credit providers of personal information contained in reports relating to credit worthiness etc.

  17. Section 18N of the Principal Act is amended:

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

  (b)    by inserting after paragraph (1)(b) the following paragraphs:

      "(ba) the report or information is disclosed:

              (i) to the guarantor of a loan provided by the credit provider to the individual concerned; and

             (ii) for any purpose related to the enforcement or proposed enforcement of the guarantee; or

          (bb) the report or information is disclosed to a mortgage insurer:

              (i) for the purpose of assessing whether to provide insurance to, or the risk of providing insurance to, a credit provider in respect of mortgage credit given by the credit provider to the individual concerned or applied for by the individual concerned to the credit provider; or

             (ii) for the purpose of assessing the risk of the individual defaulting on mortgage credit in respect of which the mortgage insurer has provided insurance to the credit provider; or

         (iii) for any purpose arising under a contract for mortgage insurance that has been entered into between the credit provider and the mortgage insurer; or

  (bc) the report or information is disclosed:

         (i) to a person or body generally recognised and accepted in the community as being a person appointed, or a body established, for the purpose of settling disputes between credit providers, acting in their capacity as credit providers, and their customers; and

        (ii) for the purpose of settling a dispute between the credit provider and the individual concerned; or

 (bd) the report or information is disclosed:

         (i) to an authority of a State or Territory whose functions include giving assistance (directly or indirectly) that facilitates the giving of mortgage credit to individuals; and

        (ii) for the purpose of enabling the authority to determine the extent of assistance (if any) it will give in relation to the giving of mortgage credit to the individual concerned; or

 (be) the report or information:

         (i) is disclosed to a person or body carrying on a business of supplying goods or services; and

        (ii) is