COMPETITION AND CONSUMER ACT 2010 - SECT 56FD Legal effect of data standards

COMPETITION AND CONSUMER ACT 2010 - SECT 56FD

  (1)   A contract is taken to be in force between:

  (a)   a data holder of CDR data to which a binding data standard applies; and

  (b)   each accredited person;

under which each of those persons:

  (c)   agrees to observe the standard to the extent that the standard applies to the person; and

  (d)   agrees to engage in conduct that the person is required by the standard to engage in.

Note:   This means the data holder will be taken to have a separate contract with each accredited person.

  (2)   If there is a designated gateway for CDR data to which a binding data standard applies, a contract is taken to be in force between:

  (a)   a data holder of the CDR data; and

  (b)   the designated gateway for the CDR data; and

  (c)   each accredited person;

under which each of those persons:

  (d)   agrees to observe the standard to the extent that the standard applies to the person; and

  (e)   agrees to engage in conduct that the person is required by the standard to engage in.

Note:   This means the data holder will be taken to have a separate 3 - party contract with the designated gateway and each accredited person.

  (3)   However, if there is an inconsistency between a data standard, and the consumer data rules, those rules prevail over the standard to the extent of the inconsistency.