Privacy Act 1988

PART IIIA - CREDIT REPORTING  

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History

Pt IIIA substituted by No 197 of 2012.

Pt IIIA inserted by No 116 of 1990 (as amended by No 136 of 1991. No 136 of 1991 contains the following application provision:

25
For the purposes of the Principal Act as amended by this Act, the doing of an act, or the engaging in of a practice, before 25 February 1992 is not taken to constitute:

(a) a breach of the Code of Conduct; or

(b) a breach of any provision of Part IIIA;

unless the doing of the act, or the engaging in of the practice, constitutes a breach of section 18H or 18J of the Principal Act as amended by this Act.

Division 3 - Credit providers  

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Div 3 inserted by No 197 of 2012.

Subdivision C - Dealing with credit information  

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Subdiv C inserted by No 197 of 2012.

SECTION 21EA  

21EA   FINANCIAL HARDSHIP INFORMATION MUST BE DISCLOSED  

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If:

(a)    a credit provider discloses to a credit reporting body repayment history information about an individual in relation to a monthly payment under section 21D ; and

(b)    financial hardship information about that individual exists in relation to that monthly payment;

the credit provider must, at the same time, disclose the financial hardship information to the credit reporting body.

Civil penalty: 500 penalty units.

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S 21EA inserted by No 5 of 2021, s 3 and Sch 2 item 12, applicable in relation to arrangements made on or after 1 July 2022, regardless of whether the consumer credit was applied for before, on or after 1 July 2022.

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