Document ID: chunk:federal_register_of_legislation:C2015C00053:clause:2_20h
Version: federal_register_of_legislation:C2015C00053
Segment Type: clause
Provision Reference: sch 2 cl 20H
Character Range: 121248–122812

20H  Use or disclosure of pre‑screening assessments

Use or disclosure by credit reporting bodies
 (1) If a credit reporting body makes a pre‑screening assessment in relation to direct marketing by, or on behalf of, a credit provider, the body must not use or disclose the assessment.
Civil penalty: 2,000 penalty units.
 (2) Subsection (1) does not apply if:
 (a) the credit reporting body discloses the pre‑screening assessment for the purposes of the direct marketing by, or on behalf of, the credit provider; and
 (b) the recipient of the assessment is an entity (other than the provider) that has an Australian link.
 (3) If the credit reporting body discloses the pre‑screening assessment under subsection (2), the body must make a written note of that disclosure.
Civil penalty: 500 penalty units.

Use or disclosure by recipients
 (4) If the credit reporting body discloses the pre‑screening assessment under subsection (2), the recipient must not use or disclose the assessment.
Civil penalty: 1,000 penalty units.
 (5) Subsection (4) does not apply if the recipient uses the pre‑screening assessment for the purposes of the direct marketing by, or on behalf of, the credit provider.
 (6) If the recipient uses the pre‑screening assessment under subsection (5), the recipient must make a written note of that use.
Civil penalty: 500 penalty units.

Interaction with the Australian Privacy Principles
 (7) If the recipient is an APP entity, Australian Privacy Principles 6, 7 and 8 do not apply to the recipient in relation to a pre‑screening assessment.