In these terms and conditions:
- 'we’ means the Australian Financial Security Authority (AFSA)
- ‘you’ and ‘your’ means you as the user of AFSA web-based services
- ‘Online Services’ means AFSA’s web-based services
- ‘person’ includes an individual, a partnership and any other body or entity whether incorporated or not.
How these terms and conditions apply
These terms and conditions apply to your use of Online Services.
These terms and conditions, your use of Online Services, and information provided to you through these services, are governed by the laws in force in the Australian Capital Territory, Australia.
Your obligations as a user of this service
1. Access security
If you use a digital certificate or user ID and password to access AFSA Online Services, you must:
- comply with the terms and conditions that relate to that access mechanism
- keep that access mechanism secure at all times, and
- not disclose that access mechanism to, or share it with, others.
You must not use an access mechanism to access AFSA Online Services if that access mechanism:
- has not been issued to you, or
- has been revoked by its issuing authority.
If the security of an access mechanism issued to you has been compromised, or if there is any change in the information on which the issue of your access mechanism was based, you must notify the issuing authority immediately.
2. Data security
Data about individuals and entities provided to you through AFSA Online Services is confidential. You must ensure that unauthorised persons do not have access to that data. If your computer will be unattended, even briefly, you must log out from this service or lock your computer. Please refer to the AFSA Security guidelines for more information.
3. Acting for another person
To use this service to access data relating to, or to carry out a transaction for, another person:
- you must be currently appointed by that other person to access data or carry out transactions on their behalf, and that appointment must not have been revoked
- if that appointment is based on you holding a certain position (e.g. as that other person’s employee or agent for bankruptcy purposes) – you must currently hold that position, and
- if that appointment is based on you holding a certain qualification (e.g. as a registered trustee) - you must currently hold that qualification and that qualification must not currently be suspended or cancelled.
4. Secondary accounts
If you are using AFSA Online Services to apply for or confirm access for a staff member you must confirm the identity of each member of your staff for whom you are creating or applying for that access mechanism.
5. Breach of terms and conditions
If you breach any of these terms and conditions, you must:
- immediately advise AFSA of that breach
- immediately stop using this service, and
- not use this service again until AFSA advises that you can.
6. Responsibility for actions
You will be responsible for (and you indemnify AFSA against) any loss or damage to any person arising from:
- any breach by you of these terms and conditions, or
- any wilful, negligent or unlawful act or omission by you in relation to, or in the course of using, this service
- however, your liability to AFSA may be reduced to the extent that any wilful, negligent or unlawful act or omission by AFSA has contributed to that loss or damage
Your responsibility for activities undertaken by you through this service (e.g. for updates made and returns, notices, statements, applications and other documents transmitted to AFSA) will continue despite ceasing to use this service or having access to it.
Australian Financial Security Authority obligations
AFSA is subject to the Privacy Act 1988 (Cth), which governs how we deal with personal information.
- The information you provide when using Online Services may include “personal information” (as defined in the Privacy Act). The information is collected under, and for the purposes of, the Bankruptcy Act 1966, the Bankruptcy Regulations 2021 or the Bankruptcy (Estate Charges) Act 1997.
• Some of the information may be included on a public record, the National Personal Insolvency Index, and/or may be available for public inspection.
- The information may be disclosed to enforcement bodies (as defined in the Privacy Act) for enforcement-related purposes (as defined in the Privacy Act), such as the investigation and prosecution of offences under bankruptcy or other legislation.
- The information may be made available to personal insolvency practitioners (such as bankruptcy trustees or debt agreement administrators) to assist in the administration of a bankrupt estate, personal insolvency agreement or debt agreement. It may also be made available to creditors in those estates or agreements.
- The information may, in certain circumstances, be disclosed to overseas recipients, including overseas creditors or law enforcement bodies.
2. Provision of Online Services
AFSA may contact you regarding your use of Online Services, including for the purposes of obtaining customer feedback or participating in customer surveys.
AFSA can at any time and without prior notification:
- limit your ability to use this service
- terminate your access to this service
- determine the times and periods during which Online Services transmissions can take place
- vary the terms and conditions of use of Online Services such that the terms and conditions applicable when you next use this service may be different from these terms and conditions. (Any substantial changes made will be posted in the “What’s New” page), and
- review the activities of users of this service to ensure they are meeting the relevant terms and conditions of use.
3. Information sent to/from Online Services
AFSA is not responsible for:
- the accuracy, veracity and completeness of material transmitted to AFSA
- errors in the manner of the input of material transmitted to AFSA, or
- any information you may lose as a result of equipment or power failures or AFSA servers terminating your session due to prolonged periods of inactivity.
4. Limited liability
AFSA will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (including for loss of profits, goodwill, information, data or other intangible losses) resulting from:
- the use or inability to use Online Services
- unauthorised access or alterations of your transmissions to or from this service
- activities resulting from the loss or misuse of your digital certificate or user ID and password
- statements or conduct of any third party, or
- any other matter relating to this service.
5. No warranties by AFSA
Except as specified in these terms and conditions, AFSA gives no implied or express warranties in relation to the use of this service. All statutory warranties are, to the fullest extent permitted by law, expressly excluded.