Commonwealth legislation

Privacy Act 1988 - Credit Provider Determination No. 2006-2 (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This Act has been repealed and is no longer in force. It is retained for historical reference.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

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This determination expands who counts as a "credit provider" under the Privacy Act 1988 to include corporations offering deferred-payment (buy‑now‑pay‑later) arrangements and rental/hire firms that take little or no deposit for leases of seven days or more.

That classification triggers the Act’s credit-reporting privacy rules—limits on collecting and sharing financial data and rights to access and correct credit records—and applied temporarily from February to August 2006, continuing similar 2003 coverage.

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Current sections

Direct links to the current provisions in Privacy Act 1988 - Credit Provider Determination No. 2006-2 (Classes of credit providers).

Privacy Act 1988 - Credit Provider Determination No. 2006-2 (Classes of credit providers)

Credit Provider Determination No. 2006-2 (Classes of credit providers)

Privacy Act 1988

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

1. 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 7 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 7 days duration.

2. 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 Act.

3. This Determination continues the effect of Determination 2003 No.1 which expires on 25 February 2006.

4. This Determination is effective from 26 February 2006 to 31 August 2006 (inclusive).

The background to, and reasons for, making this determination are set out in the explanatory statement lodged for registration, together with this determination, on the Federal Register of Legislative Instruments.

Karen Curtis

Privacy Commissioner

22 February 2006

Source text

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

1 Privacy Act 1988 - Credit Provider Determination No. 2006-2 (Classes of credit providers)