QLDIn ForceAct
Introduction Agents Act 2001
sec.36Use and protection of client information
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### sec.36 Use and protection of client information
An introduction agent must restrict access to personal information given to the agent by a client, or a person who may become a client, to the following persons—
the introduction agent;
an employee of the introduction agent;
a person authorised under this Act or another Act to have access to the information;
a person entitled to have access to the information under a relevant introduction agreement.
Maximum penalty—200 penalty units.
An introduction agent, an employee of an introduction agent or any other person having access to personal information given to the agent by a client, or a person who may become a client of the agent, must not use the information for any purpose other than—
to provide an introduction service under an agreement between the agent and the client; or
a purpose that the person giving the information has agreed to in writing; or
a purpose related to the administration or enforcement of this Act.
Maximum penalty—200 penalty units.
However, if the ownership of an introduction agent’s business changes, the agent may transfer personal information held by the agent to the new owner of the business without the written consent of the person who gave the personal information, unless the person otherwise directs.
If personal information is transferred on the change of ownership of an introduction agent’s business, the information is taken, for this section, to have been given to the new owner by the person to whom the information relates.
In this section—
personal information means information a person gives about herself or himself.
use information includes disclose, give or sell the information to another person.
(sec.36-ssec.1) An introduction agent must restrict access to personal information given to the agent by a client, or a person who may become a client, to the following persons— the introduction agent; an employee of the introduction agent; a person authorised under this Act or another Act to have access to the information; a person entitled to have access to the information under a relevant introduction agreement. Maximum penalty—200 penalty units.
(sec.36-ssec.2) An introduction agent, an employee of an introduction agent or any other person having access to personal information given to the agent by a client, or a person who may become a client of the agent, must not use the information for any purpose other than— to provide an introduction service under an agreement between the agent and the client; or a purpose that the person giving the information has agreed to in writing; or a purpose related to the administration or enforcement of this Act. Maximum penalty—200 penalty units.
(sec.36-ssec.3) However, if the ownership of an introduction agent’s business changes, the agent may transfer personal information held by the agent to the new owner of the business without the written consent of the person who gave the personal information, unless the person otherwise directs.
(sec.36-ssec.4) If personal information is transferred on the change of ownership of an introduction agent’s business, the information is taken, for this section, to have been given to the new owner by the person to whom the information relates.
(sec.36-ssec.5) In this section— personal information means information a person gives about herself or himself. use information includes disclose, give or sell the information to another person.
- (a) the introduction agent;
- (b) an employee of the introduction agent;
- (c) a person authorised under this Act or another Act to have access to the information;
- (d) a person entitled to have access to the information under a relevant introduction agreement.
- (a) to provide an introduction service under an agreement between the agent and the client; or
- (b) a purpose that the person giving the information has agreed to in writing; or
- (c) a purpose related to the administration or enforcement of this Act.