Document ID: chunk:federal_register_of_legislation:C2015C00053:clause:2_22f
Version: federal_register_of_legislation:C2015C00053
Segment Type: clause
Provision Reference: sch 2 cl 22F
Character Range: 201827–203655

22F  Use or disclosure of information by advisers etc.

Prohibition on use or disclosure
 (1) If:
 (a) any of the following (the recipient) holds or held credit eligibility information about an individual:
 (i) an entity;
 (ii) a professional legal adviser of the entity;
 (iii) a professional financial adviser of the entity; and
 (b) the information was disclosed to the recipient by a credit provider under subsection 21N(2);
the recipient must not use or disclose the information, or any personal information about the individual derived from that information.
Civil penalty: 1,000 penalty units.

Permitted uses
 (2) Subsection (1) does not apply to the use of the information if:
 (a) for a recipient that is the entity—the information is used for a matter referred to in subsection 21N(3); or
 (b) for a recipient that is the professional legal adviser, or professional financial adviser, of the entity—the information is used:
 (i) in the adviser's capacity as an adviser of the entity; and
 (ii) in connection with advising the entity about a matter referred to in subsection 21N(3); or
 (c) the use is required or authorised by or under an Australian law or a court/tribunal order.

Permitted disclosure
 (3) Subsection (1) does not apply to the disclosure of the information if the disclosure is required or authorised by or under an Australian law or a court/tribunal order.

Interaction with the Australian Privacy Principles
 (4) If the recipient is an APP entity, Australian Privacy Principles 6, 7 and 8 do not apply to the recipient in relation to the information.
 (5) If:
 (a) the recipient is an APP entity; and
 (b) the information is a government related identifier of the individual;
Australian Privacy Principle 9.2 does not apply to the recipient in relation to the information.

Division 5—Complaints