Section 56BU — Competition and Consumer Act 2010: Charging a fee in inappropriate circumstances when required to disclose CDR data

(1) A person contravenes this subsection if: (a) the person is a CDR participant for CDR data; and (b) the person is required under the consumer data rules to disclose all or part of the CDR data; and (c) the person charges (or causes to be charged) a fee for either or both of the following matters: (i) the disclosure (or a related disclosure by a designated gateway or other CDR participant for the CDR data); (ii) the use of the CDR data as the result of the disclosure (or of that related disclosure); and (d) subsection (2) or any of the following subparagraphs applies: (i) the CDR data is fee-free CDR data; (ii) to the extent that the fee is charged for the disclosure of chargeable CDR data—the fee purports to cover a disclosure in circumstances that are not chargeable circumstances; (iii) to the extent that the fee is charged for the use of chargeable CDR data—the fee purports to cover use in circumstances that are not chargeable circumstances. Note: For enforcement, see Part VI (including section 76 for an order for payment of a pecuniary penalty). (2) This subsection applies if: (a) any fee (the reasonable fee): (i) that has been determined under subsection 56BV(1) or (2) for the person; or (ii) that can be worked out from a method determined under subsection 56BV(1) or (2) for the person; covers either or both of the matters in paragraph (1)(c) of this section; and (b) the portion of the fee charged as described in that paragraph for those matters exceeds the corresponding portion of the reasonable fee.