Section 56BV — Competition and Consumer Act 2010: Commission may intervene if fee for disclosing or using chargeable CDR data is unreasonable etc.

Intervening for a class of CDR participants (1) The Commission may, by legislative instrument, determine: (a) the amount of a fee, or a method for working out the amount of a fee, that a specified class of CDR participants for specified chargeable CDR data may charge (or cause to be charged) for either or both of the following matters (the chargeable matters): (i) the disclosure of the chargeable CDR data in chargeable circumstances because of a requirement under the consumer data rules to do so; (ii) the use of the chargeable CDR data in chargeable circumstances as the result of such a disclosure; and (b) the specified persons who are liable to pay that fee; if the Commission is satisfied that the fee that the CDR participants would otherwise charge (or cause to be charged) is unreasonable having regard to the criteria in subsection (4). Intervening for a particular CDR participant (2) The Commission may, by written notice given to a CDR participant for specified chargeable CDR data, determine: (a) the amount of a fee, or a method for working out the amount of a fee, that the CDR participant may charge (or cause to be charged) for either or both of the following matters (the chargeable matters): (i) the disclosure of the chargeable CDR data in chargeable circumstances because of a requirement under the consumer data rules to do so; (ii) the use of the chargeable CDR data in chargeable circumstances as the result of such a disclosure; and (b) the specified persons who are liable to pay that fee; if the Commission is satisfied that the fee that the CDR participant would otherwise charge (or cause to be charged) is unreasonable having regard to the criteria in subsection (4). Note: The determination is reviewable (see Subdivision F). Matters and criteria when intervening (3) When determining an amount or method under subsection (1) or (2), the Commission must seek to ensure that the resulting fee: (a) reflects the reasonable costs (including capital costs) necessary for the CDR participants or CDR participant to comply with this Part and the consumer data rules in relation to the chargeable matters; and (b) is reasonable having regard to the criteria in subsection (4). (4) The criteria for the purposes of subsections (1), (2) and paragraph (3)(b) are: (a) the matters in subparagraphs 56AD(1)(a)(i), (ii), (iv) to (vi) and (c)(ii) and (iv); and (b) whether a lower fee could result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) otherwise than on just terms (within the meaning of that paragraph); and (c) whether a lower fee would reduce the incentive to generate, collect, hold or maintain CDR data of that kind; and (d) any other matters the Commission considers relevant. Other matters (5) The Commission may publish a determination under subsection (2) on the Commission’s website. (6) A fee determined under subsection (1) or (2) must not be such as to amount to taxation.