36AUse and disclosure of personal information

#### 36A Use and disclosure of personal information (1) This section applies to personal information about any of the following people: (a) an applicant for an entitlement certificate; (b) a person who has been issued with an entitlement certificate (whether or not the certificate is in force); (c) a person who is, or has been, a subsidised borrower; (d) a surviving spouse or de facto partner, or a family member, of a person covered by paragraph (a), (b) or (c). (2) A person covered by subsection (3) may, for a purpose prescribed by the regulations: (a) use the personal information; or (b) disclose the personal information to another person covered by that subsection. (3) This subsection covers the following people: (a) the Secretary; (b) a delegate of the Secretary under section 37; (c) a delegate of the Secretary under the Defence Home Ownership Assistance Scheme Act 2008 (the 2008 Act) or the Defence Service Homes Act 1918 (the 1918 Act); (d) the Bank, if the Bank has: (i) received an application for a subsidised loan from the person mentioned in paragraph (1)(b) of this section; or (ii) made a subsidised loan to the person mentioned in paragraph (1)(c) of this section; (e) a loan provider as defined under section 3 of the 2008 Act, if the loan provider has: (i) received an application for a subsidised loan (as defined under section 3 of the 2008 Act) from the person mentioned in paragraph (1)(b) of this section; or (ii) made a subsidised loan (as defined under section 3 of the 2008 Act) to the person mentioned in paragraph (1)(c) of this section; (f) a credit provider as defined under section 4 of the 1918 Act, if the credit provider has: (i) received an application for a subsidised advance (as defined under section 4 of the 1918 Act) from the person mentioned in paragraph (1)(b) of this section; or (ii) made a subsidised advance (as defined under section 4 of the 1918 Act) to the person mentioned in paragraph (1)(c) of this section. (4) The use and disclosure of personal information under subsection (2) is taken to be authorised by this Act for the purposes of: (a) the Privacy Act 1988; and (b) any provision of a law of a State or Territory that provides that personal information may be used or disclosed if the use or disclosure is authorised by law. > Note: The authorisation under this subsection is only for the use and disclosure of personal information for a prescribed purpose mentioned in subsection (2). (5) The regulations may prescribe circumstances in which a person may, or must not, use or disclose personal information for the purposes of this section. (6) In this section: > personal information has the same meaning as in the Privacy Act 1988.