Before making consumer data rules under subsection 56BA(1), the Minister must:
(a) consider the kinds of matters referred to in paragraphs 56AD(1)(a) and (b) in relation to the making of the rules; and
(aa) consider the following kinds of matters in relation to making a rule described in subsection 56BGA(2) (about fees at the instruction layer) for a type of CDR action:
(i) whether performers of actions of that type currently charge fees for processing instructions to perform such actions;
(ii) whether the incentive to perform actions of that type would be reduced if fees could not be charged for processing such instructions;
(iii) the marginal cost of processing such instructions in accordance with the consumer data rules; and
(b) be satisfied that the Secretary of the Department has complied with section 56BQ in relation to the making of the rules; and
(c) wait at least 60 days after the day public consultation begins under paragraph 56BQ(b) about the making of the rules.