Document ID: chunk:federal_register_of_legislation:C2015C00053:clause:2_20k
Version: federal_register_of_legislation:C2015C00053
Segment Type: clause
Provision Reference: sch 2 cl 20K
Character Range: 123429–125602

20K  No use or disclosure of credit reporting information during a ban period
 (1) If:
 (a) a credit reporting body holds credit reporting information about an individual; and
 (b) the individual believes on reasonable grounds that the individual has been, or is likely to be, a victim of fraud (including identity fraud); and
 (c) the individual requests the body not to use or disclose the information under this Division;
then, despite any other provision of this Division, the body must not use or disclose the information during the ban period for the information.
Civil penalty: 2,000 penalty units.
 (2) Subsection (1) does not apply if:
 (a) the individual expressly consents, in writing, to the use or disclosure of the credit reporting information under this Division; or
 (b) the use or disclosure of the credit reporting information is required by or under an Australian law or a court/tribunal order.

Ban period
 (3) The ban period for credit reporting information about an individual is the period that:
 (a) starts when the individual makes a request under paragraph (1)(c); and
 (b) ends:
 (i) 21 days after the day on which the request is made; or
 (ii) if the period is extended under subsection (4)—on the day after the extended period ends.
 (4) If:
 (a) there is a ban period for credit reporting information about an individual that is held by a credit reporting body; and
 (b) before the ban period ends, the individual requests the body to extend that period; and
 (c) the body believes on reasonable grounds that the individual has been, or is likely to be, a victim of fraud (including identity fraud);
the body must:
 (d) extend the ban period by such period as the body considers is reasonable in the circumstances; and
 (e) give the individual written notification of the extension.
Civil penalty: 1,000 penalty units.
 (5) A ban period for credit reporting information may be extended more than once under subsection (4).

No charge for request etc.
 (6) If an individual makes a request under paragraph (1)(c) or (4)(b), a credit reporting body must not charge the individual for the making of the request or to give effect to the request.