Section 56FD — Competition and Consumer Act 2010: Legal effect of data standards

(1) A contract is taken to be in force between: (a) a data holder of CDR data to which a binding data standard applies; and (b) each accredited person; under which each of those persons: (c) agrees to observe the standard to the extent that the standard applies to the person; and (d) agrees to engage in conduct that the person is required by the standard to engage in. Note: This means the data holder will be taken to have a separate contract with each accredited person. (2) If there is a designated gateway for CDR data to which a binding data standard applies, a contract is taken to be in force between: (a) a data holder of the CDR data; and (b) the designated gateway for the CDR data; and (c) each accredited person; under which each of those persons: (d) agrees to observe the standard to the extent that the standard applies to the person; and (e) agrees to engage in conduct that the person is required by the standard to engage in. Note: This means the data holder will be taken to have a separate 3-party contract with the designated gateway and each accredited person. (2A) A contract is taken to be in force between: (a) an action service provider for a type of CDR action to which a binding data standard applies; and (b) each accredited action initiator for a CDR action of that type; under which each of those persons: (c) agrees to observe the standard to the extent that the standard applies to the person; and (d) agrees to engage in conduct that the person is required by the standard to engage in. Note: This means the action service provider will be taken to have a separate contract with each of those accredited action initiators. (3) However, if there is an inconsistency between a data standard, and the consumer data rules, those rules prevail over the standard to the extent of the inconsistency.