Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 56AC

Designating a sector

  (1)   A designated sector means a sector of the Australian economy designated under subsection   (2).

  (2)   The Minister may, by legislative instrument, designate a sector of the Australian economy by specifying:

  (a)   classes of information (the designated information ); and

  (b)   persons who hold information within those classes of information (or on whose behalf such information is held); and

  (c)   the earliest day (the earliest holding day ) applicable to the sector for holding the designated information; and

  (d)   each of the classes of information within the designated information for which a person may charge a fee if:

  (i)   the person is required under the consumer data rules to disclose information within that class to another person in specified circumstances; or

  (ii)   another person uses information within that class in specified circumstances as the result of a disclosure required of the first - mentioned person under the consumer data rules; and

  (e)   if the sector is to have one or more gateways:

  (i)   the particular persons who are gateways; and

  (ii)   for each of those persons, the classes of information within the designated information for which the person is a gateway.

Note 1:   The persons specified under paragraph   (b):

(a)   may be specified by class (see subsection   13(3) of the Legislation Act 2003 ); and

(b)   will be holders of the information, rather than the consumers to whom the information relates; and

(c)   may not be the only holders of the information who can be required to disclose it under the consumer data rules (see section   56AJ (about the meaning of data holder )).

Note 2:   While a class of information specified under paragraph   (d) or (e) needs to be of the information specified under paragraph   (a), it need not be the same class as a class specified under paragraph   (a).

Note 3:   Subparagraph   (e)(i) allows only particular persons to be specified, not classes of persons.

Note 4:   For variation and repeal, see subsection   33(3) of the Acts Interpretation Act 1901 .

Geographical limitation on information that can be designated

  (3)   Despite paragraph   (2)(a), treat a class of information specified as described in that paragraph as only including so much of the information in that class as:

  (a)   has at any time been generated or collected wholly or partly in Australia or the external Territories, and:

  (i)   has been so generated or collected by (or on behalf of) one or more Australian persons; or

  (ii)   relates to one or more Australian persons (other than the persons who so generated or collected it); or

  (iii)   relates to goods or services supplied, or offered for supply, to one or more Australian persons; or

  (b)   has only ever been generated and collected outside of Australia and the external Territories, and:

  (i)   has been so generated or collected by (or on behalf of) one or more Australian persons; and

  (ii)   relates to one or more Australian persons (other than the persons who so generated or collected it), or relates to goods or services supplied, or offered for supply, to one or more Australian persons.

In this subsection, Australian person has the same meaning as in subsection   56AO(5).

Limitation on the earliest holding day

  (4)   While the earliest holding day may be before the day the instrument under subsection   (2) is made, the earliest holding day must not be earlier than the first day of the calendar year that is 2 years before the calendar year in which that instrument is made.

Example:   The instrument is made on 1   July 2020. The earliest holding day could be 1   January 2018, but not before.

Note:   The earliest holding day helps to work out if a person is a data holder of information specified under paragraph   (2)(a), and so whether that information is subject to the consumer data right.