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Consumer Affairs and Fair Trading Act 1990
116Procedures in respect of prescribed reports
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116 Procedures in respect of prescribed reports
(1) A reporting agency or trader must adopt all procedures reasonably
practicable for ensuring accuracy and fairness in the contents of
prescribed reports provided by the agency or trader.
(2) A reporting agency or trader must not include in a prescribed report:
(a) any information based on evidence that is not the best
evidence reasonably available; or
(b) any unfavourable personal information based on hearsay
evidence, unless the agency or trader has made reasonable
efforts to substantiate the evidence on which the information is
based and, if the information is unsubstantiated, the lack of
substantiation is stated in the report in which the information is
given.
(3) A reporting agency or trader must not include in a prescribed report
any information as to the race, colour or religious or political belief
or affiliation of any person.
Consumer Affairs and Fair Trading Act 1990 40
(4) Subsection (5) applies to a reporting agency or trader upon whom a
notice of objection is served by a person under section 119.
(5) If the reporting agency or trader provides a prescribed report in
relation to the person before the agency or trader has determined
the matters raised by the person's objection, the agency or trader
must include in the report a statement to the effect that those
matters are subject to an objection under section 119.
(6) Subsection (7) applies to a reporting agency or trader who is a
respondent to an application to NTCAT made by a person under
section 119A.
(7) If the reporting agency or trader provides a prescribed report in
relation to the person before NTCAT has determined the matters
raised by the person's application, the agency or trader must
include in the report a statement to the effect that those matters are
subject to an application under section 119A.