Privacy Amendment (Enhancing Privacy Protection) Act 2012 (197 of 2012)

Schedule 2   Credit reporting

Privacy Act 1988

63   Subsection 6(1) (definition of serious credit infringement )

Repeal the definition, substitute:

serious credit infringement means:

(a) an act done by an individual that involves fraudulently obtaining consumer credit, or attempting fraudulently to obtain consumer credit; or

(b) an act done by an individual that involves fraudulently evading the individual’s obligations in relation to consumer credit, or attempting fraudulently to evade those obligations; or

(c) an act done by an individual if:

(i) a reasonable person would consider that the act indicates an intention, on the part of the individual, to no longer comply with the individual’s obligations in relation to consumer credit provided by a credit provider; and

(ii) the provider has, after taking such steps as are reasonable in the circumstances, been unable to contact the individual about the act; and

(iii) at least 6 months have passed since the provider last had contact with the individual.