Commonwealth legislation

Credit Provider Determination No. 2011-2 (Classes of credit providers)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This determination treats many "buy now, pay later" services and certain rental/leasing businesses as credit providers under the Privacy Act. That change brings those firms within the Act’s rules on handling personal information and credit reports, so consumers get the same privacy notices and limits on credit reporting as with traditional lenders. It targets businesses not already covered by existing credit-provider definitions.

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Current sections

Direct links to the current provisions in Credit Provider Determination No. 2011-2 (Classes of credit providers).

Credit Provider Determination No. 2011-2 (Classes of credit providers)

Privacy Act 1988 (Cth)

Under s 11B(1)(b)(v)(B) of the Privacy Act 1988, I, Timothy Pilgrim, Privacy Commissioner, determine that:

All corporations belonging to the following classes are to be regarded as credit providers for the purposes of the Privacy Act:

a corporation where, in relation to a transaction, it is considering providing or has provided a loan in respect of the provision of goods or services on terms which allow the deferral of payment, in full or in part, for at least seven days; or
a corporation engaged in the hiring, leasing or renting of goods, where, in relation to a transaction, no amount, or an amount less than the value of the goods, is paid as deposit for return of the goods, and the relevant arrangement is one of at least seven days duration.

This Determination affects those businesses which are not already credit providers by virtue of paragraphs (a) or (b)(iii) to (iv) of s 11B(1) of the Privacy Act.
This Determination is effective from 1 September 2011 to 31 August 2014 (inclusive).

Timothy Pilgrim

Privacy Commissioner

8 August 2011

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Credit Provider Determination No. 2011-2 (Classes of credit providers)

Credit Provider Determination No. 2011-2 (Classes of credit providers)

Privacy Act 1988 (Cth)

Under s 11B(1)(b)(v)(B) of the Privacy Act 1988, I, Timothy Pilgrim, Privacy Commissioner, determine that:

All corporations belonging to the following classes are to be regarded as credit providers for the purposes of the Privacy Act:

a corporation where, in relation to a transaction, it is considering providing or has provided a loan in respect of the provision of goods or services on terms which allow the deferral of payment, in full or in part, for at least seven days; or
a corporation engaged in the hiring, leasing or renting of goods, where, in relation to a transaction, no amount, or an amount less than the value of the goods, is paid as deposit for return of the goods, and the relevant arrangement is one of at least seven days duration.

This Determination affects those businesses which are not already credit providers by virtue of paragraphs (a) or (b)(iii) to (iv) of s 11B(1) of the Privacy Act.
This Determination is effective from 1 September 2011 to 31 August 2014 (inclusive).

Timothy Pilgrim

Privacy Commissioner

8 August 2011