PRIVACY ACT 1988

PART IIIA - CREDIT REPORTING  

Division 3 - Credit providers  

Subdivision D - Dealing with credit eligibility information etc.  

SECTION 21M   PERMITTED CP DISCLOSURES TO DEBT COLLECTORS  

21M(1)  
A disclosure by a credit provider of credit eligibility information about an individual is a permitted CP disclosure in relation to the individual if:


(a) the disclosure is to a person or body that carries on a business or undertaking that involves the collection of debts on behalf of others; and


(c) the information is disclosed to the person or body for the primary purpose of the person or body collecting payments that are overdue in relation to:


(i) consumer credit provided by the provider to the individual; or

(ii) commercial credit provided by the provider to a person; and


(d) the information is information of a kind referred to in subsection (2).

Note:

See section 21NA for additional rules about the disclosure of credit eligibility information under this subsection.

21M(2)  
The information for the purposes of paragraph (1)(d) is:


(a) identification information about the individual; or


(b) court proceedings information about the individual; or


(c) personal insolvency information about the individual; or


(d) if subparagraph (1)(c)(i) applies - default information about the individual if:


(i) the information relates to a payment that the individual is overdue in making in relation to consumer credit that has been provided by the credit provider to the individual; and

(ii) the provider does not hold, or has not held, payment information about the individual that relates to that overdue payment.

 

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