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


Australian Privacy Principle 4—dealing with unsolicited personal information

4.1 If:
(a) an APP entity receives personal information; and
(b) the entity did not solicit the information;
the entity must, within a reasonable period after receiving the information, determine whether or not the entity could have collected the information under Australian Privacy Principle 3 if the entity had solicited the information.
4.2 The APP entity may use or disclose the personal information for the purposes of making the determination under subclause 4.1.
4.3 If:
(a) the APP entity determines that the entity could not have collected the personal information; and
(b) the information is not contained in a Commonwealth record;
the entity must, as soon as practicable but only if it is lawful and reasonable to do so, destroy the information or ensure that the information is de identified.
4.4 If subclause 4.3 does not apply in relation to the personal information, Australian Privacy Principles 5 to 13 apply in relation to the information as if the entity had collected the information under Australian Privacy Principle 3.