37A   Credit reporting agencies

(1)  The Commissioner may make an order prohibiting a specified person or body (such as a credit reporting agency within the meaning of the Privacy Act 1988 of the Commonwealth) from furnishing to any other person or body any information or report:

(a)  to the effect that a specified person is, or has been, in default with respect to a HomeFund mortgage, or

(b)  that casts doubt on:

(i)  a person’s eligibility to be provided with credit, or

(ii)  a person’s history in relation to credit, or

(iii)  a person’s capacity to repay credit,

      on the basis that the person is, or has been, in default with respect to a HomeFund mortgage.

(2)  Such an order may be made on the Commissioner’s own motion or on application made by a HomeFund borrower. An application may be made to the Commissioner whether or not the applicant is also a complainant with respect to a complaint currently before the Commissioner.

(3)  The Commissioner may not make an order under this section unless satisfied:

(a)  that the person concerned is not, and has not been, in default with respect to a HomeFund mortgage, or

(b)  that the person concerned is, or has been, in default with respect to a HomeFund mortgage but the default has occurred as a result of some act or omission with respect to the mortgage for which the person is not, and should not be held to be, responsible.

(4)  A person must not wilfully contravene an order in force under this section.

Maximum penalty: 100 penalty units.