PRIVACY ACT 1988

PART IIIA - CREDIT REPORTING  

Division 2 - Credit reporting bodies  

Subdivision D - Dealing with credit reporting information etc.  

SECTION 20K   NO USE OR DISCLOSURE OF CREDIT REPORTING INFORMATION DURING A BAN PERIOD  

20K(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.

20K(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

20K(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.

20K(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.

20K(5)  
A ban period for credit reporting information may be extended more than once under subsection (4). No charge for request etc.

20K(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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