Section 21N — Privacy Act 1988 (Cth)

Mortgage credit assistance schemes

(1) A disclosure by a credit provider of credit eligibility information about an individual is a permitted CP disclosure in relation to the individual if:

(a) the disclosure is to a State or Territory authority; and

(b) the functions or responsibilities of the authority include:

(i) giving assistance (directly or indirectly) that facilitates the provision of mortgage credit to individuals; or

(ii) the management or supervision of schemes or arrangements under which such assistance is given; and

(c) the information is disclosed for the purpose of enabling the authority:

(i) to determine the extent of the assistance (if any) to give in relation to the provision of mortgage credit to the individual; or

(ii) to manage or supervise such a scheme or arrangement.

Assignment of debts owed to credit providers etc.

(2) A disclosure by a credit provider of credit eligibility information about an individual is a permitted CP disclosure in relation to the individual if:

(a) the disclosure is to one or more of the following (the recipient):

(i) an entity;

(ii) a professional legal adviser of the entity;

(iii) a professional financial adviser of the entity; and

(b) the recipient has an Australian link; and

(c) subsection (3) applies to the information.

(3) This subsection applies to the credit eligibility information if the recipient proposes to use the information:

(a) in the process of the entity considering whether to:

(i) accept an assignment of a debt owed to the credit provider; or

(ii) accept a debt owed to the provider as security for credit provided to the provider; or

(iii) purchase an interest in the provider or a related body corporate of the provider; or

(b) in connection with exercising rights arising from the acceptance of such an assignment or debt, or the purchase of such an interest.

Related sections

• s 21K — Permitted CP disclosures relating to guarantees etc.
• s 21L — Permitted CP disclosures to mortgage insurers
• s 21M — Permitted CP disclosures to debt collectors
• s 21NA — Disclosures to certain persons and bodies that do not have an Australian link
• s 21P — Notification of a refusal of an application for consumer credit
• s 21Q — Quality of credit eligibility information

Research how courts apply s 21N

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