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
(g) a federal court; or
court proceedings information about an individual means information about a judgement of an Australian court:
court/tribunal order means an order, direction or other instrument made by:
(a) a court; or
(g) the preparation for, or conduct of, proceedings before any court or tribunal, or the implementation of court/tribunal orders.
Federal Circuit Court means the Federal Circuit Court of Australia.
Federal Court means the Federal Court of Australia.
(g) a court of Norfolk Island.
(10A) For the purposes of this Act, the Supreme Court of Norfolk Island is taken not to be a federal court.
(g) a State or Territory court.
(i) court proceedings information about the individual; or
(ii) that is not court proceedings information about the individual or information about the individual that is entered or recorded on the National Personal Insolvency Index; or
(ii) a federal court; or
(iia) a court of Norfolk Island; or
(b) an act done, or a practice engaged in, as the case may be, by a federal court or by an agency specified in Schedule 1 to the Freedom of Information Act 1982, being an act done, or a practice engaged in, in respect of a matter of an administrative nature; or
(ba) an act done, or a practice engaged in, as the case may be, by a court of Norfolk Island, being an act done, or a practice engaged in, in respect of a matter of an administrative nature; or
Division 7 provides for compensation orders, and other orders, to be made by the Federal Court or Federal Circuit Court.
(2) Subsection (1) does not apply if the collection of the credit information is required or authorised by or under an Australian law or a court/tribunal order.
(5) Subsection (4) does not apply if the credit reporting body is required by or under an Australian law, or a court/tribunal order, to retain the credit information.
(b) the use is required or authorised by or under an Australian law or a court/tribunal order; or
(e) the disclosure is required or authorised by or under an Australian law or a court/tribunal order; or
(b) the entity is not required by or under an Australian law, or a court/tribunal order, to retain the assessment.
(b) the use or disclosure of the credit reporting information is required by or under an Australian law or a court/tribunal order.
(2) Subsection (1) does not apply if the adoption of the government related identifier is required or authorised by or under an Australian law or a court/tribunal order.
(b) denying access is required or authorised by or under an Australian law or a court/tribunal order; or
(b) the credit reporting body is required by or under an Australian law, or a court/tribunal order, not to give the notice under that subsection.
(5) Subsection (2) or (3) does not apply if the credit reporting body is required by or under an Australian law, or a court/tribunal order, not to give the notice under that subsection.
(4) Subsection (2) does not apply if the credit reporting body is required by or under an Australian law, or a court/tribunal order, to retain the credit information.
(7) Subsection (5) does not apply if the credit reporting body is required by or under an Australian law, or a court/tribunal order, to retain the CRB derived information.
Retention period
Item If the credit information is ... the retention period for the information is ...
1consumer credit liability informationthe period of 2 years that starts on the day on which the consumer credit to which the information relates is terminated or otherwise ceases to be in force.
2repayment history informationthe period of 2 years that starts on the day on which the monthly payment to which the information relates is due and payable.
3information of a kind referred to in paragraph 6N(d) or (e)the period of 5 years that starts on the day on which the information request to which the information relates is made.
4default informationthe period of 5 years that starts on the day on which the credit reporting body collects the information.
5payment informationthe period of 5 years that starts on the day on which the credit reporting body collects the default information to which the payment information relates.
6new arrangement information within the meaning of subsection 6S(1)the period of 2 years that starts on the day on which the credit reporting body collects the default information referred to in that subsection.
7new arrangement information within the meaning of subsection 6S(2)the period of 2 years that starts on the day on which the credit reporting body collects the information about the opinion referred to in that subsection.
8court proceedings informationthe period of 5 years that starts on the day on which the judgement to which the information relates is made or given.
9information of a kind referred to in paragraph 6N(l)the period of 7 years that starts on the day on which the credit reporting body collects the information.
(3) Subsection (2) does not apply if the credit reporting body is required by or under an Australian law, or a court/tribunal order, to retain the credit reporting information.
(5) Subsection (4) does not apply if the credit reporting body is required by or under an Australian law, or a court/tribunal order, not to give the notification.
(b) the use or disclosure of the information is required by or under an Australian law or a court/tribunal order.
(3) However, the credit reporting body may use or disclose the information under this subsection if the use or disclosure of the information is required by or under an Australian law or a court/tribunal order.
(d) the use is required or authorised by or under an Australian law or a court/tribunal order; or
(f) the disclosure is required or authorised by or under an Australian law or a court/tribunal order; or
(b) court proceedings information about the individual; or
(c) the provider is not required by or under an Australian law, or a court/tribunal order, to retain the information;
(b) denying access is required or authorised by or under an Australian law or a court/tribunal order; or
(b) the credit provider is required by or under an Australian law, or a court/tribunal order, not to give the notice under that subsection.
(5) Subsection (2) or (3) does not apply if the credit provider is required by or under an Australian law, or a court/tribunal order, not to give the notice under that subsection.
(c) the use is required or authorised by or under an Australian law or a court/tribunal order.
(3) Subsection (1) does not apply to the disclosure of the information if the disclosure is required or authorised by or under an Australian law or a court/tribunal order.
(b) the use is required or authorised by or under an Australian law or a court/tribunal order.
(b) the disclosure is required or authorised by or under an Australian law or a court/tribunal order.
(c) the use is required or authorised by or under an Australian law or a court/tribunal order.
(3) Subsection (1) does not apply to the disclosure of the information if the disclosure is required or authorised by or under an Australian law or a court/tribunal order.
(b) the credit reporting body or credit provider is required by or under an Australian law, or a court/tribunal order, not to give the notification under that subsection.
(1) The Federal Court or the Federal Circuit Court may order an entity to compensate a person for loss or damage (including injury to the person’s feelings or humiliation) suffered by the person if:
(2) The court may make the order only if:
(3) If the court makes the order, the amount of compensation specified in the order that is to be paid to the person may be recovered as a debt due to the person.
(2) The Federal Court or the Federal Circuit Court may make such order as the Court considers appropriate against the entity to:
(3) Without limiting subsection (2), examples of orders the court may make include:
(4) The court may make the order only if:
(5) If the court makes an order that the entity pay an amount to the person, the person may recover the amount as a debt due to the person.
(b) the period within which an appeal may be made to the Federal Court has expired or, if such an appeal has been instituted, the appeal has been determined;
After an investigation, the Commissioner may make a determination in relation to the investigation. An entity to which a determination relates must comply with certain declarations included in the determination. Court proceedings may be commenced to enforce a determination.
Item Column 1
Agency
Column 2
Principal executive
1DepartmentThe Secretary of the Department
2An unincorporated body, or a tribunal, referred to in paragraph (c) of the definition of agency in subsection 6(1)The chief executive officer of the body or tribunal
3A body referred to in paragraph (d) of the definition of agency in subsection 6(1)The chief executive officer of the body
4A federal courtThe principal registrar of the court or the person occupying an equivalent office
5The Australian Federal PoliceThe Australian Federal Police The Commissioner of Police
5AA public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island)The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island)
5BAn unincorporated body, or a tribunal, referred to in paragraph (c) of the definition of Norfolk Island agency in subsection 6(1)The Chief Executive Officer (within the meaning of the Public Service Act 2014 of Norfolk Island)
5DA court of Norfolk IslandThe registrar or principal registrar of the court or the person occupying an equivalent office
9An eligible hearing service provider that is an individualThe individual
10An eligible hearing service provider that is not an individualAn eligible hearing service provider that is not an individual
(1) The following persons may commence proceedings in the Federal Court or the Federal Circuit Court for an order to enforce a determination:
(2) If the court is satisfied that the person or entity in relation to which the determination applies has engaged in conduct that constitutes an interference with the privacy of an individual, the court may make such orders (including a declaration of right) as it thinks fit.
(3) The court may, if it thinks fit, grant an interim injunction pending the determination of the proceedings.
(4) The court is not to require a person, as a condition of granting an interim injunction, to give an undertaking as to damages.
(5) The court is to deal by way of a hearing de novo with the question whether the person or entity in relation to which the determination applies has engaged in conduct that constitutes an interference with the privacy of an individual.
(6) Despite subsection (5), the court may receive any of the following as evidence in proceedings about a determination made by the Commissioner under section 52:
(7A) In conducting a hearing and making an order under this section, the court is to have due regard to the objects of this Act.
(1) If an agency fails to comply with section 58, an application may be made to the Federal Court or the Federal Circuit Court for an order directing the agency to comply.
(2) If the principal executive of an agency fails to comply with section 59, an application may be made to the Federal Court or the Federal Circuit Court for an order directing the principal executive to comply.
(4) On an application under this section, the court may make such other orders as it thinks fit with a view to securing compliance by the agency or principal executive.
(a) has commenced or proposes to commence proceedings in the Federal Court or the Federal Circuit Court under section 55; or
(b) has engaged in conduct or is alleged to have engaged in conduct in respect of which proceedings have been commenced in the Federal Court or the Federal Circuit Court under section 55;
(11) Subsections (4), (7) and (10) do not apply where proceedings, in respect of which giving information or producing a document might tend to incriminate an individual or make an individual liable to forfeiture or a penalty, have been commenced against the individual and have not been finally dealt with by a court or otherwise disposed of.
(f) a disclosure to a court;
(4) For the purposes of paragraph (2)(f), court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
Relevant court
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:
(a) the Federal Court;
(b) the Federal Circuit Court.
Relevant court
(3) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):
(a) the Federal Court;
(b) the Federal Circuit Court.
Relevant court
(3) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):
(a) the Federal Court;
(b) the Federal Circuit Court.
(1) The jurisdiction of the courts of the Australian Capital Territory extends to matters arising under this Part.
(2) Subsection (1) does not deprive a court of a State or of another Territory of any jurisdiction that it has.
(a) the APP entity is required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves; or
(a) the collection of the information is required or authorised by or under an Australian law or a court/tribunal order; or
(ii) the entity is required or authorised by or under an Australian law, or a court/tribunal order, to collect the information from someone other than the individual; or
(c) if the collection of the personal information is required or authorised by or under an Australian law or a court/tribunal order—the fact that the collection is so required or authorised (including the name of the Australian law, or details of the court/tribunal order, that requires or authorises the collection);
(b) the use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or
(c) the disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or
(a) the adoption of the government related identifier is required or authorised by or under an Australian law or a court/tribunal order; or
(c) the use or disclosure of the identifier is required or authorised by or under an Australian law or a court/tribunal order; or
(d) the entity is not required by or under an Australian law, or a court/tribunal order, to retain the information;
(g) denying access is required or authorised by or under an Australian law or a court/tribunal order; or