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PRIVACY ACT 1988 - SECT 20K

No use or disclosure of credit reporting information during a ban period

             (1)  If:

                     (a)  a credit reporting body holds credit reporting information about an individual; and

                     (b)  the individual believes on reasonable grounds that the individual has been, or is likely to be, a victim of fraud (including identity fraud); and

                     (c)  the individual requests the body not to use or disclose the information under this Division;

then, despite any other provision of this Division, the body must not use or disclose the information during the ban period for the information.

Civil penalty:          2,000 penalty units.

             (2)  Subsection (1) does not apply if:

                     (a)  the individual expressly consents, in writing, to the use or disclosure of the credit reporting information under this Division; or

                     (b)  the use or disclosure of the credit reporting information is required by or under an Australian law or a court/tribunal order.

Ban period

             (3)  The ban period for credit reporting information about an individual is the period that:

                     (a)  starts when the individual makes a request under paragraph (1)(c); and

                     (b)  ends:

                              (i)  21 days after the day on which the request is made; or

                             (ii)  if the period is extended under subsection (4)--on the day after the extended period ends.

             (4)  If:

                     (a)  there is a ban period for credit reporting information about an individual that is held by a credit reporting body; and

                     (b)  before the ban period ends, the individual requests the body to extend that period; and

                     (c)  the body believes on reasonable grounds that the individual has been, or is likely to be, a victim of fraud (including identity fraud);

the body must:

                     (d)  extend the ban period by such period as the body considers is reasonable in the circumstances; and

                     (e)  give the individual written notification of the extension.

Civil penalty:          1,000 penalty units.

             (5)  A ban period for credit reporting information may be extended more than once under subsection (4).

No charge for request etc.

             (6)  If an individual makes a request under paragraph (1)(c) or (4)(b), a credit reporting body must not charge the individual for the making of the request or to give effect to the request.



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