PRIVACY ACT 1988

PART II - INTERPRETATION  

Division 2 - Key definitions relating to credit reporting  

Subdivision A - Credit provider  

SECTION 6G   MEANING OF CREDIT PROVIDER  

General

6G(1)  
Each of the following is a credit provider :


(a) a bank;


(b) an organisation or small business operator if:


(i) the organisation or operator carries on a business or undertaking; and

(ii) a substantial part of the business or undertaking is the provision of credit;


(c) an organisation or small business operator:


(i) that carries on a retail business; and

(ii) that, in the course of the business, issues credit cards to individuals in connection with the sale of goods, or the supply of services, by the organisation or operator (as the case may be);


(d) an agency, organisation or small business operator:


(i) that carries on a business or undertaking that involves providing credit; and

(ii) that is prescribed by the regulations.
Other credit providers

6G(2)  
If:


(a) an organisation or small business operator (the supplier ) carries on a business or undertaking in the course of which the supplier provides credit in connection with the sale of goods, or the supply of services, by the supplier; and


(b) the repayment, in full or in part, of the amount of credit is deferred for at least 7 days; and


(c) the supplier is not a credit provider under subsection (1);
then the supplier is a credit provider but only in relation to the credit.

6G(3)  
If:


(a) an organisation or small business operator (the lessor ) carries on a business or undertaking in the course of which the lessor provides credit in connection with the hiring, leasing or renting of goods; and


(b) the credit is in force for at least 7 days; and


(c) no amount, or an amount less than the value of the goods, is paid as a deposit for the return of the goods; and


(d) the lessor is not a credit provider under subsection (1);

then the lessor is a credit provider but only in relation to the credit.

6G(4)  
An organisation or small business operator is a credit provider if subsection 6H(1) , 6J(1) or 6K(1) provides that the organisation or operator is a credit provider. Exclusions

6G(5)  
Despite subsections (1) to (4) of this section, an organisation or small business operator acting in the capacity of:


(a) a real estate agent; or


(b) a general insurer (within the meaning of the Insurance Act 1973 ); or


(c) an employer of an individual;

is not a credit provider while acting in that capacity.

6G(6)  
Despite subsections (1) to (4) of this section, an organisation or small business operator is not a credit provider if it is included in a class of organisations or operators prescribed by the regulations.


 

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