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PRIVACY ACT 1988 - SECT 21M

Permitted CP disclosures to debt collectors

             (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 person or body that carries on a business or undertaking that involves the collection of debts on behalf of others; and

                     (c)  the information is disclosed to the person or body for the primary purpose of the person or body collecting payments that are overdue in relation to:

                              (i)  consumer credit provided by the provider to the individual; or

                             (ii)  commercial credit provided by the provider to a person; and

                     (d)  the information is information of a kind referred to in subsection (2).

Note:          See section 21NA for additional rules about the disclosure of credit eligibility information under this subsection.

             (2)  The information for the purposes of paragraph (1)(d) is:

                     (a)  identification information about the individual; or

                     (b)  court proceedings information about the individual; or

                     (c)  personal insolvency information about the individual; or

                     (d)  if subparagraph (1)(c)(i) applies--default information about the individual if:

                              (i)  the information relates to a payment that the individual is overdue in making in relation to consumer credit that has been provided by the credit provider to the individual; and

                             (ii)  the provider does not hold, or has not held, payment information about the individual that relates to that overdue payment.



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