Commonwealth Consolidated Acts

DEFENCE FORCE (HOME LOANS ASSISTANCE) ACT 1990 - SECT 36A

  (1)   This section applies to personal information about any of the following people:

  (a)   an applicant for an entitlement certificate;

  (b)   a person who has been issued with an entitlement certificate (whether or not the certificate is in force);

  (c)   a person who is, or has been, a subsidised borrower;

  (d)   a surviving spouse or   de   facto   partner , or a family member, of a person covered by paragraph   ( a), (b) or (c).

  (2)   A person covered by subsection   ( 3) may, for a purpose prescribed by the regulations:

  (a)   use the personal information; or

  (b)   disclose the personal information to another person covered by that subsection.

  (3)   This subsection covers the following people:

  (a)   the Secretary;

  (b)   a delegate of the Secretary under section   37;

  (c)   a delegate of the Secretary under the Defence Home Ownership Assistance Scheme Act 2008 (the 2008 Act ) or the Defence Service Homes Act 1918 (the 1918 Act );

  (d)   the Bank, if the Bank has:

  (i)   received an application for a subsidised loan from the person mentioned in paragraph   ( 1)(b) of this section; or

  (ii)   made a subsidised loan to the person mentioned in paragraph   ( 1)(c) of this section;

  (e)   a loan provider as defined under section   3 of the 2008 Act, if the loan provider has:

  (i)   received an application for a subsidised loan (as defined under section   3 of the 2008 Act) from the person mentioned in paragraph   ( 1)(b) of this section; or

  (ii)   made a subsidised loan (as defined under section   3 of the 2008 Act) to the person mentioned in paragraph   ( 1)(c) of this section;

  (f)   a credit provider as defined under section   4 of the 1918 Act, if the credit provider has:

  (i)   received an application for a subsidised advance (as defined under section   4 of the 1918 Act) from the person mentioned in paragraph   ( 1)(b) of this section; or

  (ii)   made a subsidised advance (as defined under section   4 of the 1918 Act) to the person mentioned in paragraph   ( 1)(c) of this section.

  (4)   The use and disclosure of personal information under subsection   ( 2) is taken to be authorised by this Act for the purposes of:

  (a)   the Privacy Act 1988 ; and

  (b)   any provision of a law of a State or Territory that provides that personal information may be used or disclosed if the use or disclosure is authorised by law.

Note:   The authorisation under this subsection is only for the use and disclosure of personal information for a prescribed purpose mentioned in subsection   ( 2).

  (5)   The regulations may prescribe circumstances in which a person may, or must not, use or disclose personal information for the purposes of this section.

  (6)   In this section:

"personal information" has the same meaning as in the Privacy Act 1988 .