National Consumer Credit Protection Act 2009

CHAPTER 3 - RESPONSIBLE LENDING CONDUCT  

PART 3-6A - MISCELLANEOUS RULES  

Division 2A - Use or disclosure of certain documents and information  

SECTION 160CB   PROHIBITION ON USE OR DISCLOSURE OF CERTAIN DOCUMENTS AND INFORMATION  

Requirement

160CB(1)    
A person must not use or disclose:

(a)    a constrained document; or

(b)    information contained in a constrained document; or

(c)    constrained information.

Civil penalty: 5,000 penalty units.

Offence

160CB(2)    
A person commits an offence if:

(a)    the person uses or discloses a document or information; and

(b)    any of the following apply:

(i) the document is a constrained document;

(ii) the information is contained in a constrained document;

(iii) the information is constrained information.

Criminal penalty: 100 penalty units.

Strict liability offence

160CB(3)    
A person commits an offence if the person uses or discloses:

(a)    a constrained document; or

(b)    information contained in a constrained document; or

(c)    constrained information.

Criminal penalty: 10 penalty units.

160CB(4)    
Subsection (3) is an offence of strict liability.

Defence

160CB(5)    
For the purposes of subsection (1) , (2) or (3) it is a defence if the use or disclosure by the person is:

(a)    a disclosure to another person (the recipient ) of:

(i) a constrained document; or

(ii) information contained in a constrained document; or

(iii) constrained information;

that is about the financial affairs of the recipient (either alone or with others); or

(b)    necessary for the person to comply with the person ' s obligations under this Act; or

(c)    required or authorised by or under a law of the Commonwealth, or of a State or Territory, or a court or tribunal order; or

(d)    for the purposes of considering a hardship notice; or

(e)    for the purposes of assisting ASIC to perform its functions or exercise its powers; or

(f)    for the purposes of allowing the operator of the AFCA scheme to perform its functions or exercise its powers.

Note:

For the purposes of subsection (2) or (3) , a defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code ).