Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 56BK

  (1)   The consumer data rules cannot impose on a person a requirement that has a retrospective commencement or application.

Example:   The rules cannot require a data holder to disclose CDR data on a day before the rules are registered, or on a day before the registration of a variation to the rules that includes the requirement.

Note:   Other limitations on the consumer data rules are in sections   56BD, 56BF and 56BG.

  (2)   To avoid doubt, the consumer data rules may require a person to do something on a particular day, in relation to CDR data generated or collected on an earlier day, if the person:

  (a)   is a data holder of the CDR data; or

  (b)   is an accredited person; or

  (c)   is a person who has given a valid request under the consumer data rules relating to the CDR data; or

  (d)   is a designated gateway for the CDR data; or

  (e)   is an action service provider for a type of CDR action.

Example:   A data holder is given a valid request to disclose CDR data that was generated before the rules are registered. The rules can require that disclosure.

  (4)   Subsection   (1) applies despite any other provision of this Division.