House of Representatives
Privacy Amendment Bill 1990
Privacy Amendment Act 1990
Explanatory Memorandum
(Circulated by the authority of the Attorney-General the Honourable Michael Duffy, MP)FINANCIAL IMPACT
The amendments will have a limited impact on Commonwealth expenditure. Additional staff for the Human Rights and Equal Opportunity Commission will be required. This is estimated to cost the Government in the order of $365,000 in the first full year of operation. This figure contains an establishment component. It is expected that the figure would drop to around $250,000 for a full year of operation in subsequent years.
There will be minimal direct cost impact on consumer credit reporting agencies and credit providers as the industry already finances a self regulatory scheme for the industry.
| Item | |
|---|---|
| Cl. 1. | Short title, etc. |
| Cl. 2. | Commencement. |
| Cl. 3. | Saving of certain State and Territory laws. |
| Cl. 4. | Extension to external Territories. |
| Cl. 5. | Interpretation. |
| Cl. 6. | Acts and practices of agencies etc. |
| Cl. 7. | Acts and practices of, and disclosure of information to, staff of agency etc. |
| Cl. 8. | Insertion of new sections: |
| 11A. Credit reporting agencies. | |
| 11B. Credit providers. | |
| Cl. 9. | Insertion of new section: |
| 12A. Act not to apply in relation to State banking or insurance within that State. | |
| Cl. 10. | Interferences with privacy. |
| Cl. 11. | Guidelines relating to tax file number information. |
| Cl. 12. | Insertion of new sections: |
| 18A. Code of Conduct relating to credit information files and credit reports. | |
| 18B. Credit reporting agencies and credit providers to comply with Code of Conduct. | |
| Cl. 13. | Insertion of new Part: |
| PART IIIA - CREDIT REPORTING. | |
| 18C. Certain credit reporting only to be undertaken by corporations. | |
| 18D. Personal information not to be given to certain persons carrying on credit reporting. | |
| 18E. Permitted contents of credit information files. | |
| 18F. Deletion of information from credit information files. | |
| 18G. Accuracy and security of credit information files and credit reports. | |
| 18H. Access to credit information files and credit reports. | |
| 18J. Alteration of credit information files and credit reports. | |
| 18K. Limits on disclosure of personal information by credit reporting agencies. | |
| 18L. Limits on use by credit providers of personal information contained in credit reports. | |
| 18M. Information to be given if an individual's application for credit is refused. | |
| 18N. Limits on disclosure by credit providers of personal information contained in reports relating to credit worthiness etc. | |
| 18P. Limits on use or disclosure by mortgage insurers or trade insurers of personal information contained in credit reports. | |
| 18Q. Limits on use or disclosure by certain persons of personal information obtained from credit providers. | |
| 18R. False or misleading credit reports. | |
| 18S. Unauthorised access to credit information files or credit reports. | |
| 18T. Obtaining access to credit information files or credit reports by false pretences. | |
| 18U. Application of section 4B of Crimes Act. | |
| 18V. Application of this Part. | |
| Cl. 14. | Functions of Commissioner in relation to tax file numbers. |
| Cl. 15. | Insertion of new section: |
| 28A. Functions of Commissioner in relation to credit reporting. | |
| Cl. 16. | Commissioner to have regard to certain matters. |
| Cl. 17. | Reports following investigation of act or practice. |
| Cl. 18. | Report following monitoring of certain activities. |
| Cl. 19. | Investigation under section 40 to cease if certain offences may have been committed. |
| Cl. 20. | Determination of the Commissioner. |
| Cl. 21. | Heading to Division 4. |
| Cl. 22. | Application of Division. |
| Cl. 23. | Power to enter premises. |
| Cl. 24. | Insertion of new section. |
| 99A. Conduct of directors, servants and agents. |