Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 56GA — CDR functions of the Information Commissioner
(1) The Information Commissioner has the following functions: (a) the functions conferred on the Information Commissioner by another provision of this Part, or by an instrument made under this Part;…
Section 56GAA — Delegation by the Minister or the Secretary
Delegation by the Minister of functions or powers relating to voluntary action service providers (1A) The Minister may, in writing, delegate all or any of the Minister’s functions or powers included:…
Section 56AB — Simplified outline
Rules made under this Part may: (a) enable consumers in certain sectors of the Australian economy to require information relating to themselves in those sectors to be disclosed to themselves or to…
Section 56AMB — Meanings of action service provider and voluntary action service provider
(1) A person is an action service provider, for a type of CDR action, if the person: (a) is within a class of data holders (of CDR data) declared in the CDR declaration for that type of CDR action;…
Section 56BB — Matters that the consumer data rules may deal with
The consumer data rules may deal with the following matters: (a) disclosure, collection, use, accuracy, storage, security or deletion of CDR data for which there are one or more CDR consumers (see…
Section 56BZB — Accredited persons must only initiate CDR actions in accordance with CDR consumers’ valid requests etc.
A person contravenes this section if: (a) the person is an accredited person; and (b) the person’s accreditation authorises the person to initiate a type of CDR action; and (c) the person purports to…
Section 56CB — Review of decisions refusing to accredit
Applications may be made to the Administrative Review Tribunal for review of decisions of the CDR Accreditor under subsection 56CA(1) refusing to accredit persons. Note: For review by the…
Section 56EB — Kinds of CDR data to which the privacy safeguards apply
(1) The privacy safeguards only apply to CDR data for which there are one or more CDR consumers. Note: One requirement for CDR data to have a CDR consumer is that there needs to be at least one…
Section 56FB — What data standards can set out etc.
(1) Without limiting subsection 56FA(1), a single data standard may set out: (a) different provisions for different designated sectors; or (b) different provisions for different classes of CDR data;…
Section 56GAB — Concurrent operation of other laws
The CDR provisions are not intended to exclude or limit the operation of a law of the Commonwealth, or of a State or Territory, that is capable of operating concurrently with the CDR provisions.
Section 56GB — Referring to instruments as in force from time to time
(1) This section applies to the following instruments: (a) designations under section 56AC (about designated sectors); (aa) CDR declarations for types of CDR actions; (b) regulations made for the…
Section 56AC — Designated sectors subject to the consumer data right
Designating a sector (1) A designated sector means a sector of the Australian economy designated under subsection (2). (2) The Minister may, by legislative instrument, designate a sector of the…
Section 56AMC — Meaning of accredited action initiator
A person is an accredited action initiator for a type of CDR action if: (a) the person is an accredited person; and (b) the person’s accreditation authorises the person to initiate that type of CDR…
Section 56BC — Rules about disclosure, collection, use, accuracy, storage, security or deletion of CDR data for which there are CDR consumers
Required disclosures in response to valid requests (1) Without limiting paragraph 56BB(a), the consumer data rules may include the following rules: (a) requirements on a CDR participant for CDR data…
Section 56BZC — No discrimination against CDR action instructions—service provider fails to perform CDR actions when it ordinarily performs actions of that type
A person contravenes this section if: (a) the person is an action service provider for a type of CDR action; and (b) the person is given a valid instruction under the consumer data rules to perform a…
Section 56EC — Relationship with other laws
Relationship with the consumer data rules (1) If there is an inconsistency between the privacy safeguards and the consumer data rules, those safeguards prevail over those rules to the extent of the…
Section 56FC — Data standards must be published
The Data Standards Chair must publish on the internet a copy of each data standard made under subsection 56FA(1). Note: Once published, the data standards will be available for free.
Section 56GC — Complying with CDR requirements etc.: protection from liability
(1) If a person (the CDR entity), acting as described in an item of the following table, does something mentioned in that item: (a) in good faith; and (b) in compliance with the CDR provisions; and…
Section 56AD — Minister’s tasks before designating a sector or declaring actions etc.
(1) Before making an instrument under subsection 56AC(2) or section 56ACA, the Minister must consider all of the following: (a) the likely effect of making the instrument on: (i) the interests of…
Section 56AMD — Meaning of CDR action participant
A CDR action participant is an action service provider, or an accredited action initiator, for one or more types of CDR actions.
Section 56BD — Limitations for rules about CDR data for which there are CDR consumers
Only certain CDR data can be required to be disclosed (1) The consumer data rules can only require a disclosure of CDR data for which there are one or more CDR consumers if: (a) the CDR data is…
Section 56BZD — No discrimination against CDR action instructions—service provider’s fees relating to CDR actions
No discrimination against CDR action instructions via fees (1) A person contravenes this subsection if: (a) the person is an action service provider for a type of CDR action; and (b) the person is…
Section 56ED — Privacy safeguard 1—open and transparent management of CDR data
Object (1) The object of this section is to ensure that each person (a CDR entity) who: (a) is a data holder of CDR data; or (b) is an accredited person who is or who may become an accredited data…
Section 56FD — 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…
Section 56GD — Exemptions by the Commission
(1) The provisions covered by this section are: (a) the following provisions: (i) the provisions of this Part; (ii) the provisions of regulations made for the purposes of the provisions of this Part;…
Section 56AE — Secretary must arrange for analysis, consultation and report about an instrument proposing to designate a sector or declare actions
(1) The Secretary of the Department complies with this section in relation to the making of an instrument under subsection 56AC(2) or section 56ACA if the Secretary arranges for all of the following:…
Section 56BE — Rules about disclosure, collection, use, accuracy, storage, security or deletion of product data
Without limiting paragraph 56BB(b), the consumer data rules may include the following rules for CDR data for which there are no CDR consumers: (a) requirements on a CDR participant for the CDR data…
Section 56BZE — Commission may intervene if fee for processing a valid instruction for a CDR action is unreasonable
Intervening for a class of action service providers (1) The Commission may, by legislative instrument, determine: (a) the amount of a fee that a specified class of action service providers for a type…
Section 56CE — Register of Accredited Persons
(1) The Accreditation Registrar must establish and maintain a register for the purposes of this Part, to be known as the Register of Accredited Persons. (2) The Accreditation Registrar must maintain…
Section 56EE — Privacy safeguard 2—anonymity and pseudonymity
(1) A person who is: (a) an accredited data recipient of CDR data; or (b) an accredited person who may become an accredited data recipient of CDR data; must give each CDR consumer for that CDR data…
Section 56FE — Enforcement of binding data standards
(1) If a person who is under an obligation to comply with a binding data standard fails to meet that obligation, an application to the Court may be made by: (a) the Commission; or (b) a person…
Section 56GE — Exemptions and modifications by regulations
(1) The provisions covered by this section are: (a) the following provisions: (i) the provisions of this Part; (ii) the provisions of regulations made for the purposes of the provisions of this Part;…
Section 56AF — Information Commissioner must analyse and report about an instrument proposing to designate a sector or declare actions
(1) When the Information Commissioner is consulted under subsection 56AD(3), the Information Commissioner must: (a) analyse the likely effect of making the instrument on the privacy or…
Section 56BF — Limitations for rules about product data
Only certain kinds of product data can be required to be disclosed (1) The consumer data rules can only require a disclosure of CDR data for which there are no CDR consumers if: (a) the CDR data is…
Section 56BZF — Review by the Tribunal of determinations about fees of particular participants or providers
(1) If the Commission makes a determination under subsection 56BV(2) or 56BZE(2): (a) the CDR participant or action service provider specified in the determination; or (b) a person whose interests…
Section 56CF — Evidentiary value of the register
(1) The register is admissible in any proceedings as prima facie evidence of the matters in it. (2) The Accreditation Registrar may issue a document containing the details of a matter taken from the…
Section 56EF — Privacy safeguard 3—soliciting CDR data from participants under the consumer data rules
(1) A person covered by column 1 of an item of the following table must not seek to collect CDR data under the consumer data rules from another person covered by column 2 of that item unless: (a) a…
Section 56FF — Data Standards Chair
There is to be a Data Standards Chair.
Section 56GF — Application of the CDR provisions
(1) The CDR provisions apply to a person if: (a) the person is a corporation; or (b) the person is not a corporation, but the person: (i) acts; or (ii) omits to act; in a way that affects, is capable…
Section 56BG — Rules about designated gateways
CDR data for which there are CDR consumers (1) Without limiting paragraph 56BB(c), if there is a designated gateway for CDR data for which there are one or more CDR consumers, the consumer data rules…
Section 56BZG — Functions and powers of Tribunal
(1) On a review of a determination made under subsection 56BV(2) or 56BZE(2), the Tribunal: (a) may make a decision affirming, setting aside or varying the determination; and (b) for the purposes of…
Section 56CG — Appointment of the CDR Accreditor
(1) The Minister may, by written instrument, appoint as the CDR Accreditor a person who: (a) is the accountable authority of a Commonwealth entity (within the meaning of the Public Governance,…
Section 56EG — Privacy safeguard 4—dealing with unsolicited CDR data from participants in CDR
(1) A person must destroy CDR data as soon as practicable after collecting it if: (a) the person (the collector) collected the CDR data while covered by column 1 of an item of the following table,…
Section 56FG — Appointment of the Data Standards Chair
(1) The Data Standards Chair is to be appointed, on a full-time basis or a part-time basis, by the Minister by written instrument. (2) The Data Standards Chair holds office for the period specified…
Section 56GG — Compensation for acquisition of property
(1) This section applies if the operation of the CDR provisions would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than…
Section 56AH — Other matters
A failure to comply with section 56AD, 56AE, 56AEA or 56AF does not invalidate an instrument made under subsection 56AC(2) or section 56ACA.
Section 56BH — Rules about accreditation for the purposes of this Part
(1) Without limiting paragraph 56BB(d), the consumer data rules may include the following rules: (a) rules conferring functions or powers on the CDR Accreditor; (b) the criteria for a person to be…
Section 56BZH — Provisions that do not apply in relation to a Tribunal review
Division 1 of Part IX does not apply in relation to a review by the Tribunal of a determination made under subsection 56BV(2) or 56BZE(2).
Section 56CH — Functions, powers and annual report
(1) The functions of the CDR Accreditor are: (a) to accredit persons under subsection 56CA(1); and (b) such other functions as are conferred by the consumer data rules. (2) The CDR Accreditor has the…
Section 56EH — Privacy safeguard 5—notifying of the collection of CDR data
If an accredited data recipient of CDR data collected the CDR data in accordance with section 56EF, the accredited data recipient must: (a) take the steps specified in the consumer data rules to…