Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 56BGA

Instructions may be given to initiate types of CDR actions

  (1)   Without limiting paragraph   56BB(ca), the consumer data rules may include the following rules:

  (a)   requirements on an accredited action initiator for a type of CDR action relating to giving a valid instruction:

  (i)   for the performance of a CDR action of that type; and

  (ii)   to an action service provider for a CDR action of that type; and

  (iii)   on behalf of a CDR consumer for the CDR action, and in response to that consumer's valid request; and

  (iv)   after a series of specified kinds of interactions between that initiator, provider, consumer or other persons (whether involving all or any 2 of them);

  (b)   rules about how an instruction must be prepared for it to be a valid instruction of the kind described in paragraph   (a), what matters a valid instruction may cover, and when an instruction ceases to be a valid instruction;

  (c)   rules about:

  (i)   how a CDR consumer for a CDR action may make a valid request of the kind described in subparagraph   (a)(iii); and

  (ii)   what must be included in a request for it to be valid, what matters a valid request may cover, and when a request ceases to be a valid request;

  (d)   for an accredited action initiator for a type of CDR action who is acting as described in paragraph   (a) to give a valid instruction on behalf of a CDR consumer for a CDR action--rules authorising the initiator to use or disclose information relating to the consumer that:

  (i)   is disclosed to the initiator; or

  (ii)   is otherwise held by the initiator;

    to prepare or give the valid instruction;

  (e)   requirements on an action service provider for a type of CDR action relating to how the provider processes a valid instruction of the kind described in paragraph   (a);

  (f)   rules relating to the interactions described in subparagraph   (a)(iv);

  (g)   rules relating to the privacy safeguards in relation to an instruction or request relating to a CDR action;

  (h)   rules relating to information that is not CDR data, but that relates to a CDR action.

Note 1:   The requirements described in paragraph   (a) could, for example, include a requirement that the instruction be prepared and given in accordance with the relevant data standards.

Note 2:   The rules may deal with similar or additional matters to those in the privacy safeguards. When doing so, the rules will need to be consistent with those safeguards (see subsections   56EC(1) and (2)).

Allowing providers to charge fees at the instruction layer

  (2)   Without limiting paragraph   56BB(ca), the consumer data rules may include rules declaring that action service providers for a type of CDR action may charge (or cause to be charged) fees for processing valid instructions of the kind described in paragraph   (1)(a) for CDR actions of that type.

Note 1:   The action service providers will not be able to charge fees for processing valid instructions in the absence of such a declaration (see subsection   56BZD(1) and paragraph   56BZD(2)(a)).

Note 2:   This subsection has no effect on what fees the providers decide to charge at the action layer for performing the CDR actions.

Authorised disclosures or use of related CDR data in accordance with valid consents

  (3)   Without limiting paragraph   56BB(ca), the consumer data rules may include the following rules:

  (a)   rules authorising a CDR action participant to disclose all or part of specified CDR data to a person in accordance with a valid consent of a CDR consumer for the CDR data;

  (b)   rules authorising a person to use CDR data in accordance with a valid consent of a CDR consumer for the CDR data;

  (c)   rules about:

  (i)   how a CDR consumer for the CDR data may make a valid consent of the kind described in paragraph   (a) or (b); and

  (ii)   what must be included in a consent for it to be valid, what disclosures, uses or other matters a valid consent may cover, and when a consent ceases to be a valid consent.

Rules must not apply at the action layer

  (4)   Despite any other provision of this Division, the consumer data rules cannot include rules requiring an action service provider for a type of CDR action to perform (or not perform) a CDR action of that type in a particular way.

Note 1:   The consumer data rules focus on the instruction layer not the action layer.

Note 2:   The action service provider will need to ensure it does not discriminate against a valid instruction given under the consumer data rules (see sections   56BZC and 56BZD).

Rules affecting CDR action participants that relate to the use, accuracy, storage, security or deletion of CDR data

  (5)   For CDR data that:

  (a)   is information referred to in paragraph   (1)(d), or is directly or indirectly derived from other information referred to in that paragraph; and

  (b)   is disclosed to a CDR action participant under the consumer data rules (whether the disclosure is directly or indirectly from the accredited action initiator referred to in that paragraph);

the consumer data rules can include rules affecting that CDR action participant that relate to the use, disclosure, accuracy, storage, security or deletion of the CDR data.