6 - Interpretation6AA - Meaning of responsible person6A - Breach of an Australian Privacy Principle6B - Breach of a registered APP code6BA - Breach of the registered CR code6C - Organisations6D - Small business and small business operators6DA - What is the annual turnover of a business?6E - Small business operator treated as organisation6EA - Small business operators choosing to be treated as organisations6F - State instrumentalities etc. treated as organisations6FA - Meaning of health information6FB - Meaning of health service6G - Meaning of credit provider6H - Agents of credit providers6J - Securitisation arrangements etc.6K - Acquisition of the rights of a credit provider6L - Meaning of access seeker6M - Meaning of credit and amount of credit6N - Meaning of credit information6P - Meaning of credit reporting business6Q - Meaning of default information6R - Meaning of information request6S - Meaning of new arrangement information6T - Meaning of payment information6U - Meaning of personal insolvency information6V - Meaning of repayment history information7 - Acts and practices of agencies, organisations etc.7A - Acts of certain agencies treated as acts of organisation7B - Exempt acts and exempt practices of organisations7C - Political acts and practices are exempt8 - Acts and practices of, and disclosure of information to, staff of agency, organisation etc.10 - Agencies that are taken to hold a record11 - File number recipients12A - Act not to apply in relation to State banking or insurance within that State12B - Severability—additional effect of this Act
19 - Guide to this Part20 - Guide to this Division20A - Application of this Division and the Australian Privacy Principles to credit reporting bodies20B - Open and transparent management of credit reporting information20C - Collection of solicited credit information20D - Dealing with unsolicited credit information20E - Use or disclosure of credit reporting information20F - Permitted CRB disclosures in relation to individuals20G - Use or disclosure of credit reporting information for the purposes of direct marketing20H - Use or disclosure of pre screening assessments20J - Destruction of pre screening assessment20K - No use or disclosure of credit reporting information during a ban period20L - Adoption of government related identifiers20M - Use or disclosure of credit reporting information that is de identified20N - Quality of credit reporting information20P - False or misleading credit reporting information20Q - Security of credit reporting information20R - Access to credit reporting information20S - Correction of credit reporting information20T - Individual may request the correction of credit information etc.20U - Notice of correction etc. must be given20V - Destruction etc. of credit reporting information after the retention period ends20W - Retention period for credit information—general20X - Retention period for credit information—personal insolvency information20Y - Destruction of credit reporting information in cases of fraud20Z - Dealing with information if there is a pending correction request etc.20ZA - Dealing with information if an Australian law etc. requires it to be retained21 - Guide to this Division21A - Application of this Division to credit providers21B - Open and transparent management of credit information etc.21C - Additional notification requirements for the collection of personal information etc.21D - Disclosure of credit information to a credit reporting body21E - Payment information must be disclosed to a credit reporting body21F - Limitation on the disclosure of credit information during a ban period21G - Use or disclosure of credit eligibility information21H - Permitted CP uses in relation to individuals21J - Permitted CP disclosures between credit providers21K - Permitted CP disclosures relating to guarantees etc.21L - Permitted CP disclosures to mortgage insurers21M - Permitted CP disclosures to debt collectors21N - Permitted CP disclosures to other recipients21NA - Disclosures to certain persons and bodies that do not have an Australian link21P - Notification of a refusal of an application for consumer credit21Q - Quality of credit eligibility information21R - False or misleading credit information or credit eligibility information21S - Security of credit eligibility information21T - Access to credit eligibility information21U - Correction of credit information or credit eligibility information21V - Individual may request the correction of credit information etc.21W - Notice of correction etc. must be given22 - Guide to this Division22A - Open and transparent management of regulated information22B - Additional notification requirements for affected information recipients22C - Use or disclosure of information by mortgage insurers or trade insurers22D - Use or disclosure of information by a related body corporate22E - Use or disclosure of information by credit managers etc.22F - Use or disclosure of information by advisers etc.23 - Guide to this Division23A - Individual may complain about a breach of a provision of this Part etc.23B - Dealing with complaints23C - Notification requirements relating to correction complaints24 - Obtaining credit reporting information from a credit reporting body24A - Obtaining credit eligibility information from a credit provider25 - Compensation orders25A - Other orders to compensate loss or damage
36A - Guide to this Part36 - Complaints37 - Principal executive of agency38 - Conditions for making a representative complaint38A - Commissioner may determine that a complaint is not to continue as a representative complaint38B - Additional rules applying to the determination of representative complaints38C - Amendment of representative complaints39 - Class member for representative complaint not entitled to lodge individual complaint40 - Investigations40A - Conciliation of complaints41 - Commissioner may or must decide not to investigate etc. in certain circumstances42 - Preliminary inquiries43 - Conduct of investigations43A - Interested party may request a hearing44 - Power to obtain information and documents45 - Power to examine witnesses46 - Directions to persons to attend compulsory conference47 - Conduct of compulsory conference48 - Complainant and certain other persons to be informed of various matters49 - Investigation under section 40 to cease if certain offences may have been committed49A - Investigation under section 40 to cease if civil penalty provision under Personal Property Securities Act 2009 may have been contravened50 - Reference of matters to other authorities50A - Substitution of respondent to complaint51 - Effect of investigation by Auditor General52 - Determination of the Commissioner53 - Determination must identify the class members who are to be affected by the determination53A - Notice to be given to outsourcing agency53B - Substituting an agency for a contracted service provider54 - Application of Division55 - Obligations of organisations and small business operators55A - Proceedings in the Federal Court or Federal Circuit Court to enforce a determination55B - Evidentiary certificate57 - Application of Division58 - Obligations of agencies59 - Obligations of principal executive of agency60 - Compensation and expenses62 - Enforcement of determination against an agency63 - Legal assistance64 - Commissioner etc. not to be sued65 - Failure to attend etc. before Commissioner66 - Failure to give information etc.67 - Protection from civil actions68 - Power to enter premises68A - Identity cards70 - Certain documents and information not required to be disclosed70B - Application of this Part to former organisations
80U - Civil penalty provisions80V - Enforceable undertakings80W - Injunctions

20K

No use or disclosure of credit reporting information during a ban period

(1) If:
(a) a credit reporting body holds credit reporting information about an individual; and
(b) the individual believes on reasonable grounds that the individual has been, or is likely to be, a victim of fraud (including identity fraud); and
(c) the individual requests the body not to use or disclose the information under this Division;
then, despite any other provision of this Division, the body must not use or disclose the information during the ban period for the information.
Civil penalty: 2,000 penalty units.
(2) Subsection (1) does not apply if:
(a) the individual expressly consents, in writing, to the use or disclosure of the credit reporting information under this Division; or
(b) the use or disclosure of the credit reporting information is required by or under an Australian law or a court/tribunal order.
Ban period
(3) The ban period for credit reporting information about an individual is the period that:
(a) starts when the individual makes a request under paragraph (1)(c); and
(b) ends:
(i) 21 days after the day on which the request is made; or
(ii) if the period is extended under subsection (4)—on the day after the extended period ends.
(4) If:
(a) there is a ban period for credit reporting information about an individual that is held by a credit reporting body; and
(b) before the ban period ends, the individual requests the body to extend that period; and
(c) the body believes on reasonable grounds that the individual has been, or is likely to be, a victim of fraud (including identity fraud);
the body must:
(d) extend the ban period by such period as the body considers is reasonable in the circumstances; and
(e) give the individual written notification of the extension.
Civil penalty: 1,000 penalty units.
(5) A ban period for credit reporting information may be extended more than once under subsection (4).
No charge for request etc.
(6) If an individual makes a request under paragraph (1)(c) or (4)(b), a credit reporting body must not charge the individual for the making of the request or to give effect to the request.