Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 18D

             (1)  A person must not use an eligible communications service to give to a person carrying on a credit reporting business personal information in circumstances to which this section applies unless the last‑mentioned person is a corporation.

             (2)  A person must not:

                     (a)  in the course of trade or commerce:

                              (i)  between Australia and places outside Australia; or

                             (ii)  among the States; or

                            (iii)  between a State and a Territory; or

                            (iv)  among the Territories; or

                     (b)  in the course of banking (other than State banking not extending beyond the limits of the State concerned); or

                     (c)  in the course of insurance business (other than insurance business relating to State insurance not extending beyond the limits of the State concerned); or

                     (d)  in a Territory;

give to a person carrying on a credit reporting business personal information in circumstances to which this section applies unless the last‑mentioned person is a corporation.

             (3)  A corporation must not give to a person carrying on a credit reporting business personal information in circumstances to which this section applies unless the last‑mentioned person is a corporation.

             (4)  A person who intentionally contravenes this section is guilty of an offence punishable, on conviction, by a fine not exceeding $12,000.

             (5)  For the purposes of this section, personal information is to be taken to be given to a person in circumstances to which this section applies if the person to whom the information is given is likely to use the information in the course of carrying on a credit reporting business.