Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DEFENCE HOME OWNERSHIP ASSISTANCE SCHEME ACT 2008 (NO. 27, 2008) - SECT 79

Use and disclosure of personal information

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

                     (a)  an applicant for a subsidy certificate;

                     (b)  a person who has been given a subsidy certificate (whether or not the certificate is in force);

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

                     (d)  a person who is, or has been, a partner or a dependant 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 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 81;

                     (c)  a delegate of the Secretary under the Defence Force (Home Loans Assistance) Act 1990 (the 1990 Act ) or the Defence Service Homes Act 1918 (the 1918 Act );

                     (d)  a loan provider, if the loan provider 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)  the Bank as defined under section 3 of the 1990 Act, if the Bank has:

                              (i)  received an application for a subsidised loan (as defined under section 3 of the 1990 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 1990 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 law 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 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback