Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 56BF

Only certain kinds of product data can be required to be disclosed

  (1)   The consumer data rules can only require a disclosure of CDR data for which there are no CDR consumers if:

  (a)   the CDR data is about the eligibility criteria, terms and conditions, price, availability or performance of:

  (i)   a product or other kind of good; or

  (ii)   a service; and

  (b)   in the case where the CDR data is about availability or performance--the CDR data is publicly available.

Note 1:   This means other kinds of CDR data for which there are no CDR consumers cannot be required to be disclosed.

Note 2:   The consumer data rules can include other rules relating to other kinds of CDR data for which there are no CDR consumers.

Note 3:   Voluntary disclosures of other kinds of CDR data for which there are no CDR consumers can be authorised under the consumer data rules.

No fee when this CDR data is required to be disclosed

  (2)   The consumer data rules cannot allow a fee to be charged for:

  (a)   the disclosure of CDR data under rules like those described in paragraph   56BE(a) or 56BG(2)(a); or

  (b)   the use of CDR data received as the result of such a disclosure.

Note:   A fee could be charged for other disclosures or uses of CDR data for which there are no CDR consumers.

Effect of limitations

  (3)   Subsections   (1) and (2) apply despite any other provision of this Division.