Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 56FH — Functions and powers of the Data Standards Chair
(1) The functions of the Data Standards Chair are: (a) to make standards under Subdivision A; and (b) to review those standards regularly; and (c) such other functions as are prescribed by the…
Section 56GH — Review of the operation of this Part
(1) The Minister must cause an independent review to be conducted of the operation of this Part. (2) The persons who conduct the review must complete it, and give the Minister a written report of the…
Section 56AI — Meanings of CDR data, directly or indirectly derived and CDR consumer
Meaning of CDR data (1) CDR data is: (a) information that is within a class of information specified, as described in paragraph 56AC(2)(a), in an instrument designating a sector under subsection…
Section 56BI — Rules about reporting, record keeping and auditing
(1) Without limiting paragraph 56BB(e), the consumer data rules may include the following rules: (a) a power for a CDR consumer for CDR data to direct a CDR participant for the CDR data to give the…
Section 56BZI — Prohibition on holding out that a person is something they are not—offence
(1) A person commits an offence if the person holds out that: (a) the person is an accredited person; or (b) the person is an accredited person holding an accreditation that has been granted at a…
Section 56CI — Directions by Minister
(1) The Minister may, by legislative instrument, give written directions to the CDR Accreditor about the performance of its functions and the exercise of its powers. Note: Section 42 (disallowance)…
Section 56EI — Privacy safeguard 6—use or disclosure of CDR data by accredited data recipients or designated gateways
(1) An accredited data recipient of CDR data must not use or disclose it unless: (a) in the case of a disclosure—the disclosure is required under the consumer data rules in response to a valid…
Section 56FI — Directions by Minister
(1) The Minister may, by legislative instrument, give written directions to the Data Standards Chair about the performance of the Chair’s functions and the exercise of the Chair’s powers. Note:…
Section 56AJ — Meaning of data holder
(1) A person is a data holder, of CDR data, if: (a) the CDR data: (i) is information within a class of information specified, as described in paragraph 56AC(2)(a), in an instrument designating a…
Section 56BJ — Rules about incidental or related matters
Without limiting paragraph 56BAA(3)(f) or 56BB(f), the consumer data rules may include the following rules: (a) rules that refer to the data standards; (b) the circumstances in which persons are, or…
Section 56BZJ — Prohibition on holding out that a person is something they are not—civil penalty
A person must not hold out that: (a) the person is an accredited person; or (b) the person is an accredited person holding an accreditation that has been granted at a particular level (see paragraph…
Section 56CJ — Delegation
(1) The CDR Accreditor may delegate any or all of the CDR Accreditor’s functions or powers to: (a) an SES employee, or an acting SES employee, in the Department, in the Commission or in the…
Section 56EJ — Privacy safeguard 7—use or disclosure of CDR data for direct marketing by accredited data recipients or designated gateways
(1) An accredited data recipient of CDR data must not use or disclose it for direct marketing unless: (a) in the case of a disclosure—the disclosure is required under the consumer data rules in…
Section 56FJ — Appointment of the Data Standards Body
(1) The Minister may, by written instrument, appoint as the Data Standards Body: (a) the Department; or (b) another Commonwealth entity (within the meaning of the Public Governance, Performance and…
Section 56AK — Meaning of accredited data recipient
(1) A person is an accredited data recipient, of CDR data, if: (a) the person is an accredited person; and (b) the CDR data is held by (or on behalf of) the person; and (c) the CDR data, or any other…
Section 56BK — Further limitations on the consumer data rules
(1) The consumer data rules cannot impose on a person a requirement that has a retrospective commencement or application. Example: The rules cannot require a data holder to disclose CDR data on a day…
Section 56CK — Appointment of the Accreditation Registrar
(1) The Minister may, by written instrument, appoint as the Accreditation Registrar a person who: (a) is the accountable authority of a Commonwealth entity (within the meaning of the Public…
Section 56EK — Privacy safeguard 8—overseas disclosure of CDR data by accredited data recipients
(1) If: (a) an accredited data recipient of CDR data proposes to disclose the CDR data; and (b) the recipient (the new recipient) of the proposed disclosure: (i) is not in Australia or an external…
Section 56FK — Function and powers of the Data Standards Body
(1) The function of the Data Standards Body is to assist the Data Standards Chair. (2) The Data Standards Body has the power to do all other things necessary or convenient to be done for or in…
Section 56AL — Meanings of CDR participant and designated gateway
(1) A CDR participant, for CDR data, is a data holder, or an accredited data recipient, of the CDR data. (2) A person is a designated gateway, for CDR data, if: (a) the person is specified as a…
Section 56BL — Obligation to comply with consumer data rules
The consumer data rules may provide that specified provisions of the rules are civil penalty provisions (within the meaning of the Regulatory Powers Act). Note: Sections 76 to 77 deal with enforcing…
Section 56CL — Functions, powers and annual report
(1) The functions of the Accreditation Registrar are: (a) those described in Subdivision B; and (b) such other functions as are conferred by the consumer data rules. (2) The Accreditation Registrar…
Section 56EL — Privacy safeguard 9—adoption or disclosure of government related identifiers by accredited data recipients
(1) If: (a) a person is an accredited data recipient of CDR data; and (b) the CDR data includes a government related identifier (within the meaning of the Privacy Act 1988) of a CDR consumer for the…
Section 56FL — Acting appointments
The Minister may, by written instrument, appoint a person to act as the Data Standards Chair: (a) during a vacancy in the office of Data Standards Chair (whether or not an appointment has previously…
Section 56AM — Meanings of chargeable CDR data, chargeable circumstances and fee-free CDR data
(1) CDR data is chargeable CDR data if the CDR data is information within a class specified, as described in paragraph 56AC(2)(d), in an instrument designating a sector under subsection 56AC(2) (the…
Section 56BM — Infringement notices
Object (1) The object of this section is for Division 5 of Part XI to apply to a civil penalty provision of the consumer data rules in a corresponding way to the way that Division applies to a…
Section 56CM — Directions by Minister
(1) The Minister may, by legislative instrument, give written directions to the Accreditation Registrar about the performance of its functions and the exercise of its powers. Note: Section 42…
Section 56EM — Privacy safeguard 10—notifying of the disclosure of CDR data
Disclosures by data holders (1) If a data holder of CDR data is required or authorised under the consumer data rules to disclose the CDR data to a person, the data holder must: (a) take the steps…
Section 56FM — Terms and conditions
(1) The Data Standards Chair holds office on the terms and conditions (if any) in relation to matters not covered by this Division that are determined by the Minister. (2) Subsection (1) does not…
Section 56AN — Extension to external Territories
Each of the following provisions (the CDR provisions) extends to every external Territory: (a) a provision of this Part; (b) a provision of the regulations made for the purposes of a provision of…
Section 56BN — Misleading or deceptive conduct—offence
(1) A person commits an offence if: (a) the person engages in conduct; and (b) the person does so knowing that the conduct: (i) is misleading or deceptive; or (ii) is likely to be misleading or…
Section 56CN — Delegation
(1) The Accreditation Registrar may delegate any or all of the Accreditation Registrar’s functions or powers to: (a) an SES employee, or an acting SES employee, in the Department, in the Commission…
Section 56EN — Privacy safeguard 11—quality of CDR data
Disclosures by data holders (1) If a data holder of CDR data is required or authorised under the consumer data rules to disclose the CDR data, the data holder must take reasonable steps to ensure…
Section 56FN — Remuneration
(1) The Data Standards Chair is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Data…
Section 56AO — Extraterritorial operation of the CDR provisions
CDR provisions generally apply inside and outside Australia (1) Subject to subsections (2) to (3B), the CDR provisions extend to acts, omissions, matters and things outside Australia. CDR provisions…
Section 56BO — Misleading or deceptive conduct—civil penalty
(1) A person must not engage in conduct that misleads or deceives, or is likely to mislead or deceive, another person (the second person) into believing that: (a) a person is a CDR consumer for CDR…
Section 56EO — Privacy safeguard 12—security of CDR data, and destruction or de-identification of redundant CDR data
(1) Each person (a CDR entity) who is: (a) an accredited data recipient of CDR data; or (b) a designated gateway for CDR data; must take the steps specified in the consumer data rules to protect the…
Section 56FO — Leave
(1) If the Data Standards Chair is appointed on a full-time basis, the Data Standards Chair has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) If the Data…
Section 56AP — Geographical application of offences
Division 14 (Standard geographical jurisdiction) of the Criminal Code does not apply in relation to an offence against the CDR provisions. Note: The extended geographical application that section…
Section 56BP — Minister’s tasks before making the rules
Before making consumer data rules under subsection 56BA(1), the Minister must: (a) consider the kinds of matters referred to in paragraphs 56AD(1)(a) and (b) in relation to the making of the rules;…
Section 56EP — Privacy safeguard 13—correction of CDR data
Obligation on data holders and action service providers (1) If: (a) a CDR consumer for CDR data gives a request to the following person (the CDR entity): (i) a data holder of the CDR data (including…
Section 56FP — Application of the finance law etc.
(1) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013), the Data Standards Chair is taken to be an official of the Department.…
Section 56AQ — CDR provisions bind the Crown
(1) The CDR provisions bind the Crown in each of its capacities. (2) However, the CDR provisions do not make the Crown: (a) liable to a pecuniary penalty or to be prosecuted for an offence; or (b)…
Section 56BQ — Secretary must arrange for consultation and report before the rules are made
The Secretary of the Department complies with this section in relation to the making of consumer data rules if the Secretary arranges for all of the following: (a) an analysis of the kinds of matters…
Section 56EQ — Information Commissioner to promote compliance etc.
(1) The Information Commissioner has the following functions: (a) making guidelines for the avoidance of acts or practices that may breach the privacy safeguards; (b) promoting an understanding and…
Section 56FQ — Resignation
(1) The Data Standards Chair may resign the Data Standards Chair’s appointment by giving the Minister a written resignation. (2) The resignation takes effect on the day it is received by the Minister…
Section 56AR — Government entities may participate under this Part
Application to Commonwealth government entities (1) The CDR provisions apply in relation to an entity that: (a) is part of the Commonwealth; or (b) is a Commonwealth entity (within the meaning of the…
Section 56BR — Commission and Information Commissioner must analyse the proposed rules
When consulted under paragraph 56BQ(c), the Commission and the Information Commissioner must each analyse the kinds of matters referred to in paragraphs 56BP(a) and (aa) in relation to the making of…
Section 56ER — Information Commissioner may conduct an assessment relating to the management and handling of CDR data
(1) The Information Commissioner may assess whether a CDR participant, or designated gateway, for CDR data is maintaining and handling the CDR data in accordance with: (a) the privacy safeguards; or…
Section 56FR — Termination of appointment
(1) The Minister may terminate the appointment of the Data Standards Chair: (a) for misbehaviour; or (b) if the Data Standards Chair is unable to perform the duties of the Data Standards Chair’s…