Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 56BD

Only certain 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 covered by paragraph   56AI(1)(a) or (aa); 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

  (iva)   a data holder of other CDR data; or

  (ivb)   an action service provider for a type of CDR action; or

  (v)   a person acting on behalf of a person referred to in any of subparagraphs   (ii) to (ivb).

Note 1:   This means CDR data cannot be required to be disclosed if it is only CDR data because it is directly or indirectly derived from:

(a)   other CDR data within a class specified, as described in paragraph   56AC(2)(a), in an instrument designating a sector under subsection   56AC(2); or

(b)   other CDR data, about a CDR consumer for a CDR action, that an accredited action initiator is authorised to use to prepare or give a valid instruction for the performance of the CDR action.

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)   can only include rules affecting the data holder that relate to the deletion of the CDR data if:

  (i)   the CDR data; or

  (ii)   any other CDR data from which it was directly or indirectly derived;

    was disclosed to the data holder under the consumer data rules; 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.