35Use of third party contact lists

35 Use of third party contact lists

(1) For the purposes of subsection 19‑36C(3) of the Act, subsection 19‑36C(2) of the Act does not apply if the student has given express consent to being contacted by the higher education provider. (2) However, subject to subsection (3), a student cannot be taken to have provided express consent unless: (a) information in the request for consent was presented clearly, and set out the specific purpose for which the student’s personal information would be used if consent were given; and (b) the request was prominent; and (c) the student was able to give consent in a separate optional tick box from other consents; and (d) the request was not a required field to be answered in order for a person to submit other information; and (e) the request did not include a default tick for consent; and (f) the request named the provider; and (g) the request detailed any referral fee or other fee that would be paid to the person who made the request and any other benefit that would be provided to the person who made the request. (3) The student is taken to have provided express consent if the student initiates contact with a third party for the purpose of: (a) giving information relating to education and training to the higher education provider; or (b) obtaining information relating to higher education from the provider.