COMPETITION AND CONSUMER ACT 2010 - SECT 56BK Further limitations on the consumer data rules

COMPETITION AND CONSUMER ACT 2010 - SECT 56BK

  (1)   The consumer data rules cannot impose on a person a requirement that has a retrospective commencement or application.

Example:   The rules cannot require a data holder to disclose CDR data on a day before the rules are registered, or on a day before the registration of a variation to the rules that includes the requirement.

Note:   Other limitations on the consumer data rules are in sections   56BD, 56BF and 56BG.

  (2)   To avoid doubt, the consumer data rules may require a person to do something on a particular day, in relation to CDR data generated or collected on an earlier day, if the person:

  (a)   is a data holder of the CDR data; or

  (b)   is an accredited person; or

  (c)   is a person who has given a valid request under the consumer data rules relating to the CDR data; or

  (d)   is a designated gateway for the CDR data.

Example:   A data holder is given a valid request to disclose CDR data that was generated before the rules are registered. The rules can require that disclosure.

  (3)   The regulations may provide that the consumer data rules:

  (a)   have no effect to the extent that the consumer data rules deal with specified matters, or impose specified requirements, in relation to:

  (i)   specified classes of CDR data; or

  (ii)   specified classes of persons; or

  (b)   only have effect to the extent that the consumer data rules deal with specified matters, or impose specified requirements, in relation to:

  (i)   specified classes of CDR data; or

  (ii)   specified classes of persons.

The consumer data rules have effect (or no effect) accordingly.

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