Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 56FA

Making data standards

  (1)   The Data Standards Chair may, by writing, make one or more data standards about each of the following matters:

  (a)   the format and description of CDR data;

  (b)   the disclosure of CDR data;

  (c)   the collection, use, accuracy, storage, security and deletion of CDR data;

  (d)   de - identifying CDR data, including so that it no longer relates to:

  (i)   an identifiable person; or

  (ii)   a person who is reasonably identifiable;

  (da)   the format and description of a valid instruction for the performance of a type of CDR action;

  (db)   the giving of a valid instruction for the performance of a type of CDR action;

  (e)   other matters prescribed by the regulations.

Note:   For variation and repeal, see subsection   33(3) of the Acts Interpretation Act 1901 .

Complying with consumer data rules when making standards etc.

  (2)   The Data Standards Chair must comply with the consumer data rules when:

  (a)   making a data standard; or

  (b)   varying or revoking a data standard;

including complying with any related requirements specified in those rules about approval, consultation and the formation of committees, advisory panels and consultative groups.

Note:   The rules could, for example, require a proposed data standard to be approved by the Commission before it is made.

  (3)   Without limiting subsection   (2), the Data Standards Chair must:

  (a)   make, under subsection   (1), a data standard about a particular matter mentioned in subsection   (1) if the consumer data rules so requires; and

  (b)   specify in that data standard that it is binding if the consumer data rules so requires.

A data standard is a binding data standard if it is made under subsection   (1) in accordance with paragraph   (b) of this subsection.

Data standards are not legislative instruments

  (4)   A data standard made under subsection   (1) is not a legislative instrument.



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