Commonwealth Numbered Acts

PRIVACY AMENDMENT ACT 1990 No. 116, 1990 - SECT 12

12. After section 18 of the Principal Act the following sections are inserted
in Part III: Code of Conduct relating to credit information files and credit
reports

"18A. (1) The Commissioner must, by notice published in the Gazette, issue a
Code of Conduct concerning:

   (a)  the collection of personal information for inclusion in individuals'
        credit information files; and

   (b)  the storage of, security of, access to, correction of, use of and
        disclosure of personal information included in individuals' credit
        information files or in credit reports; and

   (c)  the manner in which credit reporting agencies and credit providers are
        to handle disputes relating to credit reporting; and

   (d)  any other activities, engaged in by credit reporting agencies or
        credit providers, that are connected with credit reporting.

"(2) Before issuing the Code of Conduct, the Commissioner must, to the extent
that it is appropriate and practicable to do so, consult with government,
commercial, consumer and other relevant bodies and organisations.

"(3) In preparing the Code of Conduct, the Commissioner must have regard to:

   (a)  the Information Privacy Principles and the provisions of Part IIIA;
        and

   (b)  the likely costs to credit reporting agencies and credit providers of
        complying with the Code of Conduct.

"(4) The Code of Conduct is a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901. Credit reporting agencies and
credit providers to comply with Code of Conduct

"18B. A credit reporting agency or credit provider must not do an act, or
engage in a practice, that breaches the Code of Conduct.".