Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A credit reporting agency must not include personal information in an individual's credit information file unless:
(a) the inclusion of the information in the file is reasonably necessary in order to identify the individual; or
(b) the information is a record of:
(i) both:
(A) a credit provider having sought a credit report in relation to an individual in connection with an application for credit or commercial credit made by the individual to the credit provider; and
(B) the amount of credit or commercial credit sought in the application; or
(ia) a person who is a credit provider because of the application of subsection 11B(4B) having sought a credit report in relation to the individual for the purpose of assessing:
(A) the risk in purchasing a loan by means of a securitisation arrangement; or
(B) the risk in undertaking credit enhancement of a loan that is, or is proposed to be, purchased or funded by means of a securitisation arrangement;
being a loan given to, or applied for by, the individual or a person in relation to whom the individual is, or is proposing to be, a guarantor; or
(ii) a mortgage insurer having sought a credit report in connection with the provision of insurance to a credit provider in respect of mortgage credit given by the credit provider to the individual, or to a person in relation to whom the individual is, or is proposing to be, a guarantor; or
(iii) a trade insurer having sought a credit report in connection with the provision of insurance to a credit provider in respect of commercial credit given by the credit provider to the individual or another person; or
(iv) a credit provider having sought a credit report in connection with the individual having offered to act as guarantor in respect of a loan or an application for a loan; or
(v) a credit provider being a current credit provider in relation to the individual; or
(vi) credit provided by a credit provider to an individual, being credit in respect of which:
(A) the individual is at least 60 days overdue in making a payment, including a payment that is wholly or partly a payment of interest; and
(B) the credit provider has taken steps to recover the whole or any part of the amount of credit (including any amounts of interest) outstanding; or
(vii) a cheque, for an amount not less than $100, that:
(A) has been drawn by the individual; and
(B) has twice been presented and dishonoured; or
(viii) court judgments made against the individual; or
(ix) bankruptcy orders made against the individual; or
(x) the opinion of a credit provider that the individual has, in the circumstances specified, committed a serious credit infringement; or
(ba) the information is a record of an overdue payment by the individual as guarantor under a guarantee given against default by a person (the borrower ) in repaying all or any of an amount of credit obtained by the borrower from a credit provider, and the following subparagraphs apply:
(i) the credit provider is not prevented under any law of the Commonwealth, a State or a Territory from bringing proceedings against the individual to recover the amount of the overdue payment;
(ii) the credit provider has given the individual notice of the borrower's default that gave rise to the individual's obligation to make the payment;
(iii) 60 days have elapsed since the day on which the notice was given;
(iv) the credit provider has, separately from and in addition to the giving of the notice referred to in subparagraph (ii), taken steps to recover the amount of the overdue payment from the individual.
(c) the information is included in a statement provided by the individual under subsection 18J(2) for inclusion in the file; or
(d) the information is included in a note included in the file under subsection 18F(4) or 18K(5).
(2) A credit reporting agency must not include in an individual's credit information file personal information recording the individual's:
(a) political, social or religious beliefs or affiliations; or
(b) criminal record; or
(c) medical history or physical handicaps; or
(d) race, ethnic origins or national origins; or
(e) sexual preferences or practices; or
(f) lifestyle, character or reputation.
(3) The Commissioner may determine, in writing, the kinds of information that are, for the purposes of paragraph (1)(a), reasonably necessary to be included in an individual's credit information file in order to identify the individual.
(4) Where the Commissioner so determines, information that is not of a kind so determined is to be taken not to be information that is permitted to be included in an individual's credit information file under paragraph (1)(a).
(5) A determination is to be made by notice published in the Gazette .
(6) A notice so published is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .
(7) A credit reporting agency must not open a credit information file in relation to an individual unless it has information, concerning the individual, to include in the file that is information of a kind referred to in paragraph (1)(b) or (ba).
(8) A credit provider must not give to a credit reporting agency personal information relating to an individual if:
(a) a credit reporting agency is prohibited, under subsection (1), from including the information in the individual's credit information file; or
(b) the credit provider does not have reasonable grounds for believing that the information is correct; or
(c) the credit provider did not, at the time of, or before, acquiring the information, inform the individual that the information might be disclosed to a credit reporting agency.
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