21JPermitted CP disclosures between credit providers

#### 21J Permitted CP disclosures between credit providers Consent (1) A disclosure by a credit provider of credit eligibility information about an individual is a permitted CP disclosure in relation to the individual if: (a) the disclosure is to another credit provider (the recipient) for a particular purpose; and (b) the recipient has an Australian link; and (c) the individual expressly consents to the disclosure of the information to the recipient for that purpose. (2) The consent of the individual under paragraph (1)(c): (a) must be given in writing unless: (i) the disclosure of the information to the recipient is for the purpose of assessing an application for consumer credit or commercial credit made to the recipient; and (ii) the application has not been made in writing; and (b) must be given to the credit provider or recipient. Agents of credit providers (3) A disclosure by a credit provider of credit eligibility information about an individual is a permitted CP disclosure in relation to the individual if: (a) the provider is acting as an agent of another credit provider that has an Australian link; and (b) while the provider is so acting, the provider is a credit provider under subsection 6H(1); and (c) the provider discloses the information to the other credit provider in the provider’s capacity as such an agent. Securitisation arrangements etc. (4) A disclosure by a credit provider of credit eligibility information about an individual is a permitted CP disclosure in relation to the individual if: (a) the provider is a credit provider under subsection 6J(1) in relation to credit; and (b) the credit has been provided by, or is credit for which an application has been made to, another credit provider (the original credit provider) that has an Australian link; and (c) the original credit provider is not a credit provider under that subsection; and (d) the information is disclosed to: (i) the original credit provider; or (ii) another credit provider that is a credit provider under that subsection in relation to the credit and that has an Australian link; and (e) the disclosure of the information is reasonably necessary for: (i) purchasing, funding or managing, or processing an application for, the credit by means of a securitisation arrangement; or (ii) undertaking credit enhancement in relation to the credit. Mortgage credit secured by the same real property (5) A disclosure by a credit provider of credit eligibility information about an individual is a permitted CP disclosure in relation to the individual if: (a) the disclosure is to another credit provider that has an Australian link; and (b) both credit providers have provided mortgage credit to the individual in relation to which the same real property forms all or part of the security; and (c) the individual is at least 60 days overdue in making a payment in relation to the mortgage credit provided by either provider; and (d) the information is disclosed for the purpose of either provider deciding what action to take in relation to the overdue payment.