Section 21F — Privacy Act 1988 (Cth)

(1) This section applies if:

(a) a credit reporting body holds credit reporting information about an individual; and

(b) a credit provider requests the body to disclose the information to the provider for the purpose of assessing an application for consumer credit made to the provider by the individual, or a person purporting to be the individual; and

(c) the body is not permitted to disclose the information because there is a ban period for the information; and

(d) during the ban period, the provider provides the consumer credit to which the application relates to the individual, or the person purporting to be the individual.

(2) If the credit provider holds credit information about the individual that relates to the consumer credit, the provider must not, despite sections 21D and 21E, disclose the information to a credit reporting body.

Civil penalty: 2,000 penalty units.

(3) Subsection (2) does not apply if the credit provider has taken such steps as are reasonable in the circumstances to verify the identity of the individual.

Related sections

• s 21D — Disclosure of credit information to a credit reporting body
• s 21E — Payment information must be disclosed to a credit reporting body
• s 21EA — Financial hardship information must be disclosed
• s 21G — Use or disclosure of credit eligibility information
• s 21H — Permitted CP uses in relation to individuals
• s 21J — Permitted CP disclosures between credit providers

Research how courts apply s 21F

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.