Document ID: chunk:federal_register_of_legislation:C2017A00012:clause:1_26wc
Version: federal_register_of_legislation:C2017A00012
Segment Type: clause
Provision Reference: sch 1 cl 26WC
Character Range: 4149–5572

26WC  Deemed holding of information

Overseas recipients
 (1) If:
 (a) an APP entity has disclosed personal information about one or more individuals to an overseas recipient; and
 (b) Australian Privacy Principle 8.1 applied to the disclosure of the personal information; and
 (c) the overseas recipient holds the personal information;
this Part has effect as if:
 (d) the personal information were held by the APP entity; and
 (e) the APP entity were required under section 15 not to do an act, or engage in a practice, that breaches Australian Privacy Principle 11.1 in relation to the personal information.

Bodies or persons with no Australian link
 (2) If:
 (a) either:
 (i) a credit provider has disclosed, under paragraph 21G(3)(b) or (c), credit eligibility information about one or more individuals to a related body corporate, or person, that does not have an Australian link; or
 (ii) a credit provider has disclosed, under subsection 21M(1), credit eligibility information about one or more individuals to a body or person that does not have an Australian link; and
 (b) the related body corporate, body or person holds the credit eligibility information;
this Part has effect as if:
 (c) the credit eligibility information were held by the credit provider; and
 (d) the credit provider were required to comply with subsection 21S(1) in relation to the credit eligibility information.
Note: See section 21NA.