Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 56AR

Application to Commonwealth government entities

  (1)   The CDR provisions apply in relation to an entity that:

  (a)   is part of the Commonwealth; or

  (b)   is a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ); or

  (c)   is a body (whether or not incorporated) established by or under a law of the Commonwealth; or

  (d)   is:

  (i)   holding or performing the duties of an office established by or under a law of the Commonwealth; or

  (ii)   holding an appointment made under a law of the Commonwealth; or

  (e)   is prescribed by the regulations.

Note:   For how the CDR provisions so apply, see subsection   (4).

Application to State or Territory government entities

  (2)   The CDR provisions apply only in relation to an entity that:

  (a)   is part of a State or Territory; or

  (b)   is a body (whether or not incorporated) established for a public purpose by or under a law of a State or Territory; or

  (c)   is:

  (i)   holding or performing the duties of an office established by or under a law of a State or Territory; or

  (ii)   holding an appointment made under a law of a State or Territory; or

  (d)   is an entity prescribed by the regulations in relation to a State or Territory;

if the entity is declared under subsection   56AS(1) as a participating entity, for the State or Territory, in one or more specified capacities.

Note 1:   The entity is only a participating entity for those capacities specified in the declaration, for example, as a data holder.

Note 2:   For how the CDR provisions so apply, see subsection   (4).

  (3)   However, whether or not such a declaration is in force for an entity referred to in subsection   (2), the CDR provisions apply in relation to the entity to the extent that:

  (a)   the CDR provisions relate to a CDR consumer for CDR data, and the entity is a CDR consumer for CDR data (or would be if the entity were a person); or

  (b)   the CDR provisions relate to a CDR consumer for a CDR action, and the entity is a CDR consumer for a CDR action (or would be if the entity were a person).

Note:   For how the CDR provisions so apply, see subsection   (4).

How the CDR provisions apply to a government entity

  (4)   For an entity covered by subsection   (1), (2) or (3), the CDR provisions apply as described in that subsection in relation to the entity:

  (a)   as if the entity were a person; and

  (b)   with the modifications (if any) prescribed by the regulations.

This subsection does not affect how subsection   56AQ(2) applies to the entity.

  (5)   If the CDR provisions so apply to an entity covered by subsection   (1):

  (a)   as a data holder of CDR data, the entity is conferred such functions as are necessary to enable the entity to operate as a data holder in accordance with the CDR provisions; or

  (aa)   as an accredited person, the entity is conferred such functions as are necessary to enable the entity to operate as an accredited person in accordance with the CDR provisions; or

  (b)   as a designated gateway for CDR data, the entity is conferred such functions as are necessary to enable the entity to operate as a designated gateway in accordance with the CDR provisions; or

  (c)   as an action service provider for a type of CDR action, the entity is conferred such functions as are necessary to enable the entity to operate as an action service provider in accordance with the CDR provisions.