House of Representatives

Privacy Amendment (Enhancing Privacy Protection) Bill 2012

Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Honourable Nicola Roxon, MP)

[F1]
National Consumer Credit Protection Bill 2009 Executive Memorandum p.363 at 10.3

[F2]
'Veda Advantage responds to ALRC Privacy Review proposal' in Wot News, accessed 9 July 2009, from http://wotnews.com.au/like/veda_advantage_responds_to_alrc_privacy_review_proposal/1666111/

[F3]
'Veda Advantage 'About Us', accessed 23 July 2009, from http://www.vedaadvantage.com/about-veda/au_our-data.dot

[F4]
ALRC report at paragraph 55.21

[F5]
Dun & Bradstreet 'Company profile', accessed 23 July 2009 from http://dnb.com.au/Header/About_Us/Company_profile/index.aspx#DB_Australia_and_New_Zealand

[F6]
Announced by the Minister at: http://ministers.treasury.gov.au/DisplayDocs.aspx?doc=pressreleases/2009/002.htm & pageID=003 & min=ceba & Year= & DocType=0 viewed 18 September 2009.

[F7]
ALRC report paragraph 52.34

[F8]
ALRC report paragraphs 55.20 - 21, quoting Financial System Inquiry Committee, Financial System Inquiry Final Report (1997).

[F9]
ALRC report paragraph 55.23, quoting Senate Legal and Constitutional References Committee, The Real Big Brother: Inquiry into the Privacy Act 1988 (2005).

[F10]
ALRC report paragraph 55.25

[F11]
House Standing Committee on Economics: Inquiry into competition in the banking and non-banking sectors http://www.aph.gov.au/house/committee/economics/banking08/report/Fullreport.pdf at 3.138 accessed 16/07/09

[F12]
ALRC Report paragraph 54.112

[F13]
M Miller, Credit Reporting Systems and the International Economy, 2003, p 410.

[F14]
ALRC Report paragraph 52.17

[F15]
Dun & Bradstreet, Submission to Senate Economics Reference Committee Inquiry into Possible Links between Household Debt, Demand for Imported Goods and Australia's Current Account Deficit, March2005

[F16]
ALRC report paragraph 55-108

[F17]
ALRC Report paragraph 55.136

[F18]
Almost all new mortgages in July 2009 were written by the 'big four' banking groups, compared with around 60 per cent prior to the credit crisis (The Age 2009). As noted earlier, mortgages make up approximately 86 per cent of all consumer loans.

[F19]
ALRC report paragraph 55.108

[F20]
The Department of Treasury Submission to the ALRC Review of the Privacy Act 1988 December 2007

[F21]
J Barron and M Staten, The Value of Comprehensive Credit Reports: Lessons from the US Experience (2000) Online Privacy Alliance www.privacyalliance.org/resources/staten.pdf; referred to by submissions to the ALRC and viewed and cited by the ALRC report at paragraph 55.94 and 55.95.

[F22]
M Staten and J Barron, Positive Credit Report Data Improves Loan Decision-Making (2007) Australian Finance Conference, viewed and cited by the ALRC report at paragraph 55.96.

[F23]
ALRC Report paragraph 55.97.

[F24]
T Jappelli and M Pagano, Information Sharing, Lending and Defaults: Cross-Country Evidence (2000) Centre for Studies in Economics and Finance, University of Salerno. The Jappelli and Pagano research was referred to in: MasterCard Worldwide, Submission PR 237, viewed and cited by the ALRC Report paragraph 55.98.

[F25]
ALRC Report paragraph 55.103 and 55.104.

[F26]
ALRC Report paragraph 55.100.

[F27]
Australasian Retail Credit Association, Submission to the ALRC, PR 352, 29 November 2007.

[F28]
ACIL Tasman, Comprehensive Credit Reporting: Executive Summary of an Analysis of its Economic Benefits for Australia [prepared for MasterCard International] (2004), 3. See also ACIL Tasman, Comprehensive Credit Reporting: Main Report of an Analysis of its Economic Benefits for Australia [Prepared for MasterCard International] (2004), 28, viewed and cited by the ALRC Report paragraph 55.106 to 55.108.

[F29]
Access Economics (for Veda Advantage), The Benefits of Broadening Access to Credit via Comprehensive Credit Reporting, July 2008

[F30]
ALRC Report paragraph 55.108.

[F31]
ACIL Tasman, Comprehensive Credit Reporting: Executive Summary of an Analysis of its Economic Benefits for Australia [prepared for MasterCard International] (2004), 3.

[F32]
Department of Treasury ALRC Review of Privacy Law Treasury Submission December 2007

[F33]
ALRC Report paragraph 55.115

[F34]
ALRC Report paragraph 55.133

[F35]
ALRC Report paragraph 55.125

[F36]
http://www.smos.gov.au/media/2008/mr_372008.html viewed 2 September 2009.

[F37]
ALRC Report recommendation 54-8

[F38]
National Consumer Credit Protection Act 2009, Chapter 3.

[F39]
Privacy Act 1988 (Cth) Part IV Division 2 s29(a)

[F40]
General Comment No. 32, para 15; Communication No. 1015/2001, Perterer v. Austria, para. 9.2.

[F41]
Privacy Amendment Bill 2012 section ^164(4) of Part VIB

[F42]
section ^164(5) of Part VIB


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).