Commonwealth legislation

Determination 2005 No. 1 Privacy Act 1988, s.11B(1)(d)(ii) – concerning Indigenous Business Australia

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

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Commonwealth

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legislative instrument

Plain English Summary

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This determination classifies Indigenous Business Australia (IBA) as a credit provider under the Privacy Act 1988.

What this means:

IBA can now access credit reporting information about individuals (such as credit histories and repayment records) when assessing loan applications
This puts IBA on the same footing as banks and other lenders regarding privacy rules for credit information
The determination replaced an earlier rule that applied to the Aboriginal and Torres Strait Islander Commission (ATSIC), which was abolished and whose functions transferred to IBA

Key limitation: This designation only lasted for one year (from 31 October 2005 to 30 October 2006).

Who it affects: Indigenous Business Australia and individuals applying for business loans or credit assistance through IBA.

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Current sections

Direct links to the current provisions in Determination 2005 No. 1 Privacy Act 1988, s.11B(1)(d)(ii) – concerning Indigenous Business Australia.

Determination 2005 No. 1 Privacy Act 1988, s.11B(1)(d)(ii) – concerning Indigenous Business Australia

DETERMINATION 2005 No. 1 PRIVACY ACT 1988, s.11B(1)(d)(ii) – concerning Indigenous Business Australia

Under s.11B(1)(d)(ii) of the Privacy Act 1988, I DETERMINE that:

The Australian Government agency Indigenous Business Australia (IBA) is a credit provider for the purposes of the Privacy Act.
This determination shall take effect on 31 October 2005 and it shall lapse on 30 October 2006.
The following determination is revoked with effect from 31 October 2005:

Credit Reporting Determination: 1999 No.1 Privacy Act 1988, s.11B(1)(d) – concerning the Aboriginal and Torres Strait Islander Commission.

The background to, and reasons for, making Determination 2005 No.1 are set in the Explanatory Statement in regard to Determination 2005 No.1 Privacy Act 1988, s.11B(1)(d)(ii) concerning Indigenous Business Australia lodged for registration, together with this Determination, on the Federal Register of Legislative Instruments.

KAREN CURTIS

Privacy Commissioner

20 October 2005

Source text

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

1 Determination 2005 No. 1 Privacy Act 1988, s.11B(1)(d)(ii) – concerning Indigenous Business Australia