Commonwealth Numbered Acts

PRIVACY AMENDMENT ACT 1990 No. 116, 1990 - SECT 8

8. After section 11 of the Principal Act the following sections are inserted:
Credit reporting agencies

"11A. For the purposes of this Act, a person is a credit reporting agency if
the person is a corporation that carries on a credit reporting business.
Credit providers

"11B. (1) For the purposes of this Act, but subject to subsection (2), a
person is a credit provider if the person is:

   (a)  a bank; or

   (b)  a corporation (other than an agency):

        (i)    that is a building society; or

        (ii)   that is a credit union; or

        (iii)  a substantial part of whose business or undertaking is the
               provision of loans (including the provision of loans by issuing
               credit cards); or

        (iv)   that carries on a retail business in the course of which it
               issues credit cards to members of the public in connection with
               the sale of goods, or the supply of services, by the
               corporation; or

        (v)    that:

                (A)  carries on a business or undertaking involving the
                     provision of loans (including the provision of loans by
                     issuing credit cards); and

                (B)  is included in a class of corporations determined by the
                     Commissioner to be credit providers for the purposes of
                     this Act; or

   (c)  a person:

        (i)    who is not a corporation; and

        (ii)   in relation to whom paragraph (b) would apply if the person
               were a corporation.

"(2) For the purposes of this Act, a corporation that would, but for this
section, be a credit provider is not to be regarded as a credit provider if it
is included in a class of corporations declared by the regulations not to be
credit providers.

"(3) A determination under sub-subparagraph (1) (b) (v) (B) is to be made by
notice in writing published in the Gazette.

"(4) A notice so published is a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901.".