Commonwealth Consolidated Acts

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PRIVACY ACT 1988 - SECT 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.



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