• Specific Year
    Any

COMPETITION AND CONSUMER ACT 2010 - SECT 56BD Limitations for rules about CDR data for which there are CDR consumers

COMPETITION AND CONSUMER ACT 2010 - SECT 56BD

Limitations for rules about CDR data for which there are CDR consumers

Only designated CDR data can be required to be disclosed

  (1)   The consumer data rules can only require a disclosure of CDR data for which there are one or more CDR consumers if:

  (a)   the CDR data is within a class of information specified, as described in paragraph   56AC(2)(a), in an instrument designating a sector under subsection   56AC(2); and

  (b)   the disclosure is to:

  (i)   one or more of those CDR consumers; or

  (ii)   an accredited person; or

  (iii)   a designated gateway for the CDR data; or

  (iv)   a data holder of the CDR data by a designated gateway for the CDR data; or

  (v)   a person acting on behalf a person referred to in subparagraph   (ii), (iii) or (iv).

Note 1:   This means CDR data cannot be required to be disclosed if it:

(a)   is not within a class specified in such an instrument; and

(b)   is directly or indirectly derived from CDR data that is within a class specified in such an instrument.

Note 2:   The consumer data rules can include other rules relating to this other derived CDR data.

Note 3:   Voluntary disclosures of this other derived CDR data can be authorised under the consumer data rules.

No fee when fee - free CDR data is required to be disclosed

  (2)   The consumer data rules cannot allow a fee to be charged for:

  (a)   the disclosure of fee - free CDR data under rules like those described in paragraph   56BC(1)(a) or 56BG(1)(a); or

  (b)   the use of fee - free CDR data received as the result of such a disclosure.

Note:   Fees may be charged for other kinds of disclosures or uses of fee - free CDR data.

Rules affecting data holders that relate to the use, accuracy, storage, security or deletion of CDR data

  (3)   For a data holder of CDR data for which there are one or more CDR consumers, the consumer data rules:

  (a)   cannot include rules affecting the data holder that relate to the deletion of the CDR data; and

  (b)   can only include rules affecting the data holder that relate to the use, accuracy, storage or security of the CDR data if such rules also relate to the disclosure of the CDR data under the consumer data rules.

Effect of limitations

  (4)   Subsections   (1), (2) and (3) apply despite any other provision of this Division.

Download

No downloadable files available