Banking (State Bank of South Australia and Other Matters) Act 1994 (No. 69, 1994)
account includes a deposit or loan.
appointed day has the same meaning as in the State Bank (Corporatisation) Act 1994 of South Australia.
borrower has a meaning corresponding to loan.
designated subsidiary of the State Bank of South Australia means a company that is an SBSA subsidiary within the meaning of the State Bank (Corporatisation) Act 1994 of South Australia.
eligible customer, in relation to a person, means:
(a) an individual who is, or has sought to become:
(i) a customer of the person within the ordinary meaning of that expression; or
(ii) a depositor with the person; or
(iii) a borrower from the person; or
(b) a guarantor or prospective guarantor of an individual who is, or has sought to become, a borrower from the person.
re-transfer provision means:
(a) section 16 of the State Bank (Corporatisation) Act 1994 of South Australia; or
(b) a corresponding provision of a law of another State or of a Territory.
transfer provision means:
(a) section 7 of the State Bank (Corporatisation) Act 1994 of South Australia; or
(b) a corresponding provision of a law of another State or of a Territory.
(2) A reference in the Privacy Act 1988 to State banking does not include a reference to State banking to the extent to which the matter of State banking has been referred to the Parliament under section 21 of the State Bank (Corporatisation) Act 1994 of South Australia.
(a) a loan or prospective loan is transferred on a particular day (the transfer day) under a transfer provision to Bank of South Australia Limited from:
(i) the State Bank of South Australia; or
(ii) a designated subsidiary of the State Bank of South Australia; and
(b) immediately before the transfer, the loan or prospective loan was credit provided by the State Bank of South Australia or the designated subsidiary, as the case may be.
(2) This Part and the Privacy Act 1988 have effect, on and after the transfer day, as if the loan or prospective loan were credit provided by Bank of South Australia Limited instead of by the State Bank of South Australia or the designated subsidiary, as the case requires.
(a) a loan or prospective loan is transferred on a particular day (the re-transfer day) under a re-transfer provision from Bank of South Australia Limited to:
(i) the State Bank of South Australia; or
(ii) a designated subsidiary of the State Bank of South Australia; and
(b) immediately before the transfer, the loan or prospective loan was credit provided by Bank of South Australia Limited.
(2) This Part and the Privacy Act 1988 have effect, on and after the re-transfer day, as if the loan or prospective loan were credit provided by the State Bank of South Australia or by the designated subsidiary, as the case requires, instead of by Bank of South Australia Limited.
(a) the disclosure is by:
(i) the State Bank of South Australia; or
(ii) a designated subsidiary of the State Bank of South Australia; or
(iii) an agent of a body covered by subparagraph (i) or (ii); and
(b) the report or information is disclosed to:
(i) Bank of South Australia Limited; or
(ii) an agent of Bank of South Australia Limited; and
(c) the report or information relates to the affairs of an individual who:
(i) was an eligible customer of the State Bank of South Australia or the designated subsidiary, as the case may be; and
(ii) became an eligible customer of Bank of South Australia Limited as a result of the operation of a transfer provision; and
(d) the report or information is disclosed for the purposes of facilitating the operation of a transfer provision in relation to the individual.
(2) The disclosure does not breach:
(a) the Privacy Act 1988; or
(b) the Code of Conduct.
(a) the disclosure is by:
(i) Bank of South Australia Limited; or
(ii) an agent of Bank of South Australia Limited; and
(b) the report or information is disclosed to:
(i) the State Bank of South Australia; or
(ii) a designated subsidiary of the State Bank of South Australia; or
(iii) an agent of a body covered by subparagraph (i) or (ii); and
(c) the report relates to the affairs of an eligible customer of the State Bank of South Australia or of the designated subsidiary, as the case requires, whose account was transferred to that Bank or subsidiary from Bank of South Australia Limited as a result of the operation of a re-transfer provision; and
(d) the report or information is disclosed for the purposes of facilitating the operation of the re-transfer provision in relation to the eligible customer.
(2) The disclosure does not breach:
(a) the Privacy Act 1988; or
(b) the Code of Conduct.
(a) the disclosure is by:
(i) the State Bank of South Australia; or
(ii) a designated subsidiary of the State Bank of South Australia; or
(iii) an agent of a body covered by subparagraph (i) or (ii); and
(b) the report or information is disclosed to Bank of South Australia Limited; and
(c) the report or information relates to the affairs of an eligible customer of the State Bank of South Australia or of the designated subsidiary, as the case may be; and
(d) an account of the eligible customer is being managed by Bank of South Australia Limited as agent for the State Bank of South Australia or the designated subsidiary, as the case may be; and
(e) the report or information is disclosed for the purposes of facilitating the management of the account.
(2) The disclosure does not breach:
(a) the Privacy Act 1988; or
(b) the Code of Conduct.
(a) a designated subsidiary of the State Bank of South Australia is proposed to be dissolved under subsection 23(1) of the State Bank (Corporatisation) Act 1994 of South Australia; and
(b) as a result of the dissolution, an account with the designated subsidiary will be vested in the State Bank of South Australia under subsection 23(2) of that Act.
(2) In applying paragraph 18N(1)(d) of the Privacy Act 1988 to a disclosure that is relevant to that account, the designated subsidiary is taken to be related to the State Bank of South Australia.
(a) the authority was given to:
(i) the State Bank of South Australia; or
(ii) a designated subsidiary of the State Bank of South Australia; and
(b) the authority authorised the State Bank of South Australia or the designated subsidiary, as the case may be, to disclose, use or receive:
(i) a credit report; or
(ii) any other information that has or has had any bearing on an individual's credit worthiness, credit standing, credit history or credit capacity; and
(c) the authority relates to the affairs of an individual who:
(i) was an eligible customer of the State Bank of South Australia or the designated subsidiary, as the case may be; and
(ii) became an eligible customer of Bank of South Australia Limited on a particular day (the transfer day) as a result of the operation of a transfer provision.
(2) This Part and the Privacy Act 1988 have effect, on and after the transfer day, as if the authority had been given to, and had so authorised, Bank of South Australia Limited instead of the State Bank of South Australia or the designated subsidiary, as the case requires.
(a) the notification was given by:
(i) the State Bank of South Australia; or
(ii) a designated subsidiary of the State Bank of South Australia; and
(b) the notification was given to an individual who:
(i) was an eligible customer of the State Bank of South Australia or the designated subsidiary, as the case may be; and
(ii) became an eligible customer of Bank of South Australia Limited on a particular day (the transfer day) as a result of the operation of a transfer provision.
(2) This Part and the Privacy Act 1988 have effect, on and after the transfer day, as if the notification had been given by Bank of South Australia Limited instead of by the State Bank of South Australia or the designated subsidiary, as the case requires.
(a) the authority was given to Bank of South Australia Limited; and
(b) the authority authorised Bank of South Australia Limited to disclose, use or receive:
(i) a credit report; or
(ii) any other information that has or has had any bearing on an individual's credit worthiness, credit standing, credit history or credit capacity; and
(c) the authority relates to the affairs of an individual who:
(i) was an eligible customer of Bank of South Australia Limited; and
(ii) became an eligible customer of the State Bank of South Australia or a designated subsidiary of the State Bank of South Australia on a particular day (the re-transfer day) as a result of the operation of a re-transfer provision.
(2) The Privacy Act 1988 has effect, on and after the re-transfer day, as if the authority had been given to, and had so authorised, the State Bank of South Australia or the designated subsidiary, as the case requires, instead of Bank of South Australia Limited.
(a) the notification was given by Bank of South Australia Limited; and
(b) the notification was given to an individual who:
(i) was an eligible customer of Bank of South Australia Limited; and
(ii) became an eligible customer of the State Bank of South Australia or a designated subsidiary of the State Bank of South Australia on a particular day (the re-transfer day) as a result of the operation of a re-transfer provision.
(2) The Privacy Act 1988 has effect, on and after the re-transfer day, as if the notification had been given by the State Bank of South Australia or the designated subsidiary, as the case requires, instead of by Bank of South Australia Limited.
(a) the State Bank of South Australia or a designated subsidiary of the State Bank of South Australia was a credit provider in relation to credit provided to an individual; and
(b) as a result of the operation of a transfer provision, the individual's account was transferred to Bank of South Australia Limited on a particular day (the transfer day); and
(c) a credit reporting agency had been given information that the individual was overdue in making a payment in respect of the credit provided by the State Bank of South Australia or the designated subsidiary, as the case may be.
(2) This Division and subsection 18F(3) of the Privacy Act 1988 have effect, on and after the transfer day, as if the credit reporting agency had been given information that the individual was overdue in making a payment in respect of credit provided by Bank of South Australia Limited.
(a) the State Bank of South Australia or a designated subsidiary of the State Bank of South Australia was a credit provider in relation to credit provided to an individual; and
(b) as a result of the operation of a transfer provision, the individual's account was transferred to Bank of South Australia Limited on a particular day (the transfer day); and
(c) a credit reporting agency had previously been informed that the State Bank of South Australia or the designated subsidiary, as the case may be, was a current credit provider in relation to the individual.
(2) This Division and subsection 18F(5) of the Privacy Act 1988 have effect, on and after the transfer day, as if the credit reporting agency had previously been informed that Bank of South Australia Limited was a current credit provider in relation to the individual.
(a) Bank of South Australia Limited was a credit provider in relation to credit provided to an individual; and
(b) as a result of the operation of a re-transfer provision, the individual's account was transferred to the State Bank of South Australia or to a designated subsidiary of the State Bank of South Australia on a particular day (the re-transfer day); and
(c) a credit reporting agency had been given information that the individual is overdue in making a payment in respect of the credit provided by Bank of South Australia Limited.
(2) Subsection 18F(3) of the Privacy Act 1988 has effect, on and after the re-transfer day, as if the credit reporting agency had been given information that the individual was overdue in making a payment in respect of credit provided by the State Bank of South Australia or the designated subsidiary, as the case requires.
(a) Bank of South Australia Limited was a credit provider in relation to credit provided to an individual; and
(b) as a result of the operation of a re-transfer provision, the individual's account was transferred to the State Bank of South Australia or to a designated subsidiary of the State Bank of South Australia on a particular day (the re-transfer day); and
(c) a credit reporting agency had previously been informed that Bank of South Australia Limited was a current credit provider in relation to the individual.
(2) Subsection 18F(5) of the Privacy Act 1988 has effect, on and after the re-transfer day, as if the credit reporting agency had previously been informed that the State Bank of South Australia or the designated subsidiary, as the case requires, was a current credit provider in relation to the individual.
(a) the kinds of reports and information that will be, or that have been, disclosed under section 18; and
(b) the kinds of authorities and notifications that will be, or have been, affected by the operation of sections 22 and 23.
(2) The statement must not be prepared in a manner that is likely to enable the identification of a particular eligible customer.
(3) As soon as practicable after the preparation of the statement, the State Bank of South Australia or Bank of South Australia Limited, as the case requires, must make copies of the statement generally available to:
(a) in any case--its eligible customers; and
(b) if the statement is prepared by the State Bank of South Australia--the eligible customers of Bank of South Australia Limited.
(4) For the purposes of the Privacy Act 1988, a contravention of this section is taken to be a credit reporting infringement by the State Bank of South Australia and Bank of South Australia Limited.