Procedures in respect of prescribed reports
116 Procedures in respect of prescribed reports
A reporting agency or trader must adopt all procedures reasonably practicable for ensuring accuracy and fairness in the contents of prescribed reports provided by the agency or trader.
Maximum penalty: 200 penalty units.
A reporting agency or trader must not include in a prescribed report:
any information based on evidence that is not the best evidence reasonably available; or
any unfavourable personal information based on hearsay evidence, unless the agency or trader has made reasonable efforts to substantiate the evidence on which the information is based and, if the information is unsubstantiated, the lack of substantiation is stated in the report in which the information is given.
Maximum penalty: 200 penalty units.
A reporting agency or trader must not include in a prescribed report any information as to the race, colour or religious or political belief or affiliation of any person.
Maximum penalty: 200 penalty units.
Subsection (5) applies to a reporting agency or trader upon whom a notice of objection is served by a person under section 119.
If the reporting agency or trader provides a prescribed report in relation to the person before the agency or trader has determined the matters raised by the person's objection, the agency or trader must include in the report a statement to the effect that those matters are subject to an objection under section 119.
Maximum penalty: 200 penalty units.
Subsection (7) applies to a reporting agency or trader who is a respondent to an application to NTCAT made by a person under section
119A.
If the reporting agency or trader provides a prescribed report in relation to the person before NTCAT has determined the matters raised by the person's application, the agency or trader must include in the report a statement to the effect that those matters are subject to an application under section 119A.
Maximum penalty: 200 penalty units.
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