Summary Proceedings Act 1957

Disclosure of default balances to certain authorised persons

Heading: inserted, on 13 February 2012, by section 31 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

92A Interpretation

(1)

In this section and in sections 92B to 92I, unless the context otherwise requires,—

access code means any form of data that enables a recognised user to submit a fine status query

agency has the same meaning as in section 2(1) of the Privacy Act 1993

credit reporter has the same meaning as in the credit reporting code of practice, but regardless of whether payment for information about creditworthiness is involved and whether that information is in respect of individuals or bodies corporate

credit reporting code of practice means a code of practice relating to credit reporting for the time being issued under the Privacy Act 1993

fine status query means a query as to whether a query subject has a default balance and, if so, the amount of that balance

fine status response means a response to a fine status query

fines enforcement records means the records of the Ministry of Justice described in Schedule 5 of the Privacy Act 1993 in the item relating to the enforcement of fines and other orders

identifying particulars means,—

(a)

in the case of an individual, the individual’s—

(i)

full name; and

(ii)

former names and aliases (if any); and

(iii)

sex; and

(iv)

date of birth; and

(v)

current address; and

(vi)

previous addresses (if applicable), but not more than 2; and

(vii)

occupation (if applicable); and

(viii)

employer (if any) identified by name; and

(ix)

driver licence number (if any) as defined in the credit reporting code of practice; and

(x)

driver licence card number (if any) as defined in the credit reporting code of practice; and

(b)

in the case of a person that is not an individual, the person’s—

(i)

full name; and

(ii)

current address; and

(iii)

previous addresses (if applicable), but not more than 2; and

(iv)

trading name (if applicable)

query subject means the person about whom a fine status query is to be made, is being made, or has been made, under section 92D

recognised user means an agency that—

(a)

is a credit reporter; or

(b)

is a member of a class of persons specified by regulations made under section 92I for the purposes of this definition; or

(c)

the Minister for Courts has, in accordance with criteria prescribed by regulations made under section 92I, authorised as a recognised user

subscriber, in relation to a credit reporter, means a person who, under an agreement that complies with requirements prescribed by the credit reporting code of practice, has access to information held by that credit reporter.

(2)

Subparagraphs (ix) and (x) of the definition of identifying particulars in subsection (1) do not apply unless the definition of credit information in the credit reporting code of practice includes driver licence numbers and driver licence card numbers.

Section 92A: inserted, on 13 February 2012, by section 31 of the Summary Proceedings Amendment Act 2011 (2011 No 32).