Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1991 No. 136 of 1991 - SECT 17

17. Section 18N of the Principal Act is amended:

   (a)  by omitting from paragraph (1)(b) ", in writing,";

   (b)  by inserting after paragraph (1)(b) the following paragraphs:
       "(ba)   the report or information is disclosed:


        (i)    to the guarantor of a loan provided by the credit provider to
               the individual concerned; and

        (ii)   for any purpose related to the enforcement or proposed
               enforcement of the guarantee; or

   (bb) the report or information is disclosed to a mortgage insurer:

        (i)    for the purpose of assessing whether to provide insurance to,
               or the risk of providing insurance to, a credit provider in
               respect of mortgage credit given by the credit provider to the
               individual concerned or applied for by the individual concerned
               to the credit provider; or

        (ii)   for the purpose of assessing the risk of the individual
               defaulting on mortgage credit in respect of which the mortgage
               insurer has provided insurance to the credit provider; or

        (iii)  for any purpose arising under a contract for mortgage insurance
               that has been entered into between the credit provider and the
               mortgage insurer; or

   (bc) the report or information is disclosed:

        (i)    to a person or body generally recognised and accepted in the
               community as being a person appointed, or a body established,
               for the purpose of settling disputes between credit providers,
               acting in their capacity as credit providers, and their
               customers; and

        (ii)   for the purpose of settling a dispute between the credit
               provider and the individual concerned; or

   (bd) the report or information is disclosed:

        (i)    to an authority of a State or Territory whose functions include
               giving assistance (directly or indirectly) that facilitates the
               giving of mortgage credit to individuals; and

        (ii)   for the purpose of enabling the authority to determine the
               extent of assistance (if any) it will give in relation to the
               giving of mortgage credit to the individual concerned; or

   (be) the report or information:

        (i)    is disclosed to a person or body carrying on a business of
               supplying goods or services; and

        (ii)   is disclosed for the purpose of enabling that person or body to
               decide whether to accept, as payment for goods or services
               supplied to the individual concerned, payment by means of
               credit card or electronic transfer of funds; and

        (iii)  does not contain or include any personal information derived
               from a credit report, other than:

                (A)  information of a kind referred to in paragraph 18E(1)(a);
                     and

                (B)  information as to whether the individual has a line of
                     credit with the credit provider, or funds deposited with
                     the credit provider, sufficient to meet the payment
                     concerned; or

   (bf) the report or information:

        (i)    is disclosed to a person or body that is considering taking an
               assignment of, or discharging on the individual's behalf, a
               debt owed by the individual to the credit provider; and

        (ii)   does not contain or include any personal information derived
               from a credit report, other than:

                (A)  information of a kind referred to in paragraph 18E(1)(a);
                     and

                (B)  information as to the amount of the debt, or the amount
                     required to be paid in order to discharge the debt; or

   (bg) the report or information is disclosed:

        (i)    in connection with an application for mortgage credit by the
               individual concerned, being credit that the credit provider
               proposes will be funded by means of an arrangement involving
               mortgage securitisation; and

        (ii)   to a person or body that carries on a business that is involved
               in the funding of mortgage credit by means of such
               arrangements; and

        (iii)  for the purpose of enabling the person or body to perform a
               task that is necessary in the funding of the mortgage credit
               concerned by means of that arrangement;
and the individual concerned has specifically agreed to the disclosure of the
report or information to any such person or body for that purpose; or";

   (c)  by inserting after paragraph (1)(g) the following paragraph:
       "(ga)   the report or information is given to:


        (i)    the individual; or

        (ii)   a person (other than a credit provider, mortgage insurer or
               trade insurer) authorised, in writing, by the individual to
               seek access to the report or information; or";

   (d)  by inserting after subsection (1) the following subsections:

"(1A) For the purposes of paragraph (1)(b), the individual's agreement to the
disclosure of the report or information to another credit provider:

   (a)  must be in writing unless:

   (i)  the disclosure is sought for the purpose of assessing an application
        for credit or commercial credit that was initially made orally; and

   (ii) the application has not yet been made in writing; and

   (b)  must be given to:

   (i)  the credit provider with possession or control of the report or
        information; or

   (ii) the other credit provider.

"(1B) For the purposes of paragraph (1)(bg), the individual's agreement to the
disclosure of the report or information must be in writing unless:

   (a)  the disclosure is sought for the purpose of enabling a person or body
        to perform a task that is necessary in order to fund, by means of an
        arrangement involving mortgage securitisation, mortgage credit for
        which an application has initially been made orally; and

   (b)  the application has not yet been made in writing.

"(1C) Paragraph (1)(ga) does not affect the operation of paragraph (1)(g) in
relation to an individual obtaining access to credit report under section
18H.".