Treasury Laws Amendment (Consumer Data Right) Act 2019
An Act to amend the law relating to competition, fair trading, consumer protection and privacy, and for related purposes
1 Short title
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.5
The Act is the Treasury Laws Amendment (Consumer Data Right) Act 2019.
2 Commencement
Commencement rules for provisions in the Act.
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.6
1 Section 1
13 August 2019
3 Schedules
Schedules have effect according to their terms.
1 After Part IVC
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.7
56AA Object of this Part
To enable consumers in certain sectors of the Australian economy to require information relating to themselves.
56AB Simplified outline
Rules made under this Part may impose an obligation on the State.
56AC Designated sectors subject to the consumer data right
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.8
56AC(1) Designated sectors subject to the consumer data right
Defines designated sector under subsection (2)
56AC(2) Designated sectors subject to the consumer data right
The Minister may designate a sector of the Australian economy by specifying classes of information, persons who hold such information, and other details.
56AC(3) Designated sectors subject to the consumer data right
Treat a class of information as only including so much of the information in that class as generated or collected wholly or partly in Australia or the external Territories by Australian persons.
Obligation to treat a class of information as only including so much of the information in that class as generated or collected wholly or partly in Australia or the external Territories by Australian persons.
Class of information is included in a class if it has been generated or collected wholly or partly in Australia or the external Territories by Australian persons.
(a) has at any time been generated or collected wholly or partly in Australia or the external Territories, and:
The information must have been generated or collected within a specific temporal interval.
The information must be recurring within a specific temporal interval.
Permission to treat a class of information as only including so much of the information in that class as generated or collected wholly or partly in Australia or the external Territories by Australian persons.
Obligation to treat a class of information as only including so much of the information in that class as generated or collected wholly or partly outside of Australia and the external Territories.
(b) has only ever been generated and collected outside of Australia and the external Territories, and:
56AD Minister’s tasks before designating a sector etc.
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.10
56AD(1) Minister’s tasks before designating a sector etc.
Consider all of the following before making an instrument under subsection 56AC(2)
Minister must consider all of the following
56AD(2) Minister’s tasks before designating a sector etc.
Minister must consult Commission and others before making an instrument.
Minister has a duty to consult Commission and others.
56AD(3) Minister’s tasks before designating a sector etc.
Consultation with Information Commissioner before making an instrument
56AE Commission must analyse, consult and report about an
Commission must analyse, consult and report about an instrument proposing to designate a sector
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.11
Must provide analysis, consultation and reporting
56AF Information Commissioner must analyse and report about an
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.12
56AF(1) Information Commissioner must analyse and report about an
Must analyse and report on the effect of an instrument on consumer privacy.
56AF(2) Information Commissioner must analyse and report about an
Information Commissioner must publish report on website, except for excluded part.
56AF(3) Information Commissioner must analyse and report about an
Information Commissioner must consider certain factors when deciding whether to exclude part of report from publication.
56AG Commission may recommend that a sector be designated etc.
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.13
56AG(1) Commission may recommend that a sector be designated etc.
Commission must publish recommendation on its website.
56AG(2) Commission may recommend that a sector be designated etc.
Commission must analyse and consult before making a recommendation.
Analysis report and public consultation details
56AG(3) Commission may recommend that a sector be designated etc.
Wait at least 60 days before making the instrument under subsection 56AC(2).
Temporal interval: 60 days after publication.
56AG(4) Commission may recommend that a sector be designated etc.
Neither subsection 56AD(2) nor section 56AE applies in relation to a proposed instrument recommended under subsection (1) of this section.
Excludes application of subsections 56AD(2) and section 56AE.
Describes the temporal relationship between the exemption and the application of subsections 56AD(2) and section 56AE.
The exemption applies to a proposed instrument recommended under subsection (1) of this section, but not to other instruments.
Describes the repetition of the exemption for each proposed instrument recommended under subsection (1) of this section.
The exemption applies to each proposed instrument recommended under subsection (1) of this section, independently.
Describes the scope of application of the exemption in relation to other instruments.
The exemption applies to all proposed instruments recommended under subsection (1) of this section, regardless of their relationship to other instruments.
Describes the recognition of the exemption by artificial intelligence systems.
Artificial intelligence systems recognize the exemption for proposed instruments recommended under subsection (1) of this section.
56AH Other matters
Failure to comply with certain sections does not invalidate an instrument.
56AI Meanings of CDR data, directly or indirectly derived and CDR
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.14
56AI(1) Meanings of CDR data, directly or indirectly derived and CDR
Defines CDR data and its derivation from other information.
Specifies classes of information for CDR data derivation.
56AI(2) Meanings of CDR data, directly or indirectly derived and CDR
Definition of CDR data derived from other CDR data
Derived CDR data implies wholly or partly derived from other CDR data
56AI(3) Meanings of CDR data, directly or indirectly derived and CDR
A person is a CDR consumer for CDR data if certain conditions are met.
56AI(4) Meanings of CDR data, directly or indirectly derived and CDR
Exempts subsection 4B(1) from applying to this Part.
56AJ Meaning of data holder
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.15
56AJ(1) Meaning of data holder
A person is a data holder if they hold CDR data within a specified class and on or after the earliest holding day.
The person must hold CDR data within a specified class.
(1) A person is a data holder, of CDR data, if:
The CDR data must be within a class specified in an instrument.
(i) is information within a class of information specified, as described in paragraph 56AC(2)(a), in an instrument designating a sector under subsection 56AC(2)
The person must hold CDR data on or after the earliest holding day.
(b) the CDR data is held by (or on behalf of) the person, and began to be so held on or after the earliest holding day specified in the designation instrument
The person must not be a designated gateway for the CDR data.
(c) the person is not a designated gateway for the CDR data
The person must comply with subsections (2), (3), or (4).
(d) subsection (2), (3) or (4) applies to the person and the CDR data
The person must not begin holding CDR data before the earliest holding day.
(a) will not be a data holder of the CDR data; and (b) will not be required to disclose it under the consumer data rules
56AJ(2) Meaning of data holder
Specifies a class of persons to which the person belongs
The data holder is subject to the Consumer Data Right
56AK Meaning of accredited data recipient
Must be an accredited data recipient to hold CDR data
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.16
Person is an accredited data recipient if...
...then the person is an accredited data recipient
Temporal relationship between disclosure and accreditation
The CDR data was disclosed to the person under the consumer data rules...
...then the person is an accredited data recipient during that time
Recurring trace of accreditation conditions
The person must be neither a data holder, nor a designated gateway...
...then the person is an accredited data recipient every time
The person is an accredited data recipient, of CDR data...
...then the person is a legal entity with certain capabilities
Schema validation for accreditation conditions
...then the schema validates the accreditation conditions
56AL Meanings of CDR participant and designated gateway
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.17
56AL(1) Meanings of CDR participant and designated gateway
Defines CDR participant and designated gateway.
56AL(2) Meanings of CDR participant and designated gateway
A person is a designated gateway if specified in an instrument and meets certain conditions.
Temporal relation between CDR data disclosure and person's role
CDR data is disclosed to the person under consumer data rules
56AM Meanings of chargeable CDR data, chargeable circumstances
56AM(1) Meanings of chargeable CDR data, chargeable circumstances
CDR data is chargeable if specified in an instrument designation instrument
if specified in an instrument designation instrument
in an instrument designating a sector under subsection 56AC(2)
56AM(2) Meanings of chargeable CDR data, chargeable circumstances
Disclose chargeable CDR data in specified circumstances.
(2) The chargeable CDR data is disclosed in chargeable circumstances if it is disclosed in circumstances specified:
56AM(3) Meanings of chargeable CDR data, chargeable circumstances
Chargeable CDR data is used in chargeable circumstances if it meets specified conditions.
(3) The chargeable CDR data is used in chargeable circumstances if it meets specified conditions.
The chargeable CDR data must be used in those circumstances.
The chargeable CDR data is defined as the information that meets those conditions.
Temporal relation between use and circumstances
The use of the chargeable CDR data must occur within those circumstances.
Recurring trace of use and circumstances
The use of the chargeable CDR data must recur within those circumstances.
Spread of information about use and circumstances
The information about the use of the chargeable CDR data must spread within those circumstances.
Artificial intelligence application to use and circumstances
The artificial intelligence system must apply the rules for using the chargeable CDR data within those circumstances.
56AN Extension to external Territories
Extends provisions of this Part to external Territories
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.18
56AO Extraterritorial operation of the CDR provisions
56AO(1) Extraterritorial operation of the CDR provisions
CDR provisions extend to acts, omissions, matters and things outside Australia.
Extends to acts, omissions, matters and things outside Australia.
56AO(2) Extraterritorial operation of the CDR provisions
CDR provisions apply to all persons, including foreign persons, in relation to CDR data held within Australia.
CDR provisions apply to all persons, including foreign persons
Obligation to comply with CDR provisions
CDR provisions apply in relation to all persons, including foreign persons
CDR provisions can apply for CDR data held outside Australia
56AO(3) Extraterritorial operation of the CDR provisions
CDR provisions apply to acts or omissions outside Australia if they affect an Australian person.
(a) the act or omission is by (or on behalf of) an Australian person;
(b) the act or omission occurs wholly or partly in Australia, or wholly or partly on board an Australian aircraft or an Australian ship;
(c) the act or omission occurs wholly outside Australia, and an Australian person suffers, or is likely to suffer, financial or other disadvantage as a result of the act or omission.
56AO(4) Extraterritorial operation of the CDR provisions
Extraterritorial operation of the CDR provisions
that act or omission is taken to have occurred partly in Australia
Applies definition of 'act' and 'omission'
(a) from a point outside Australia to a point inside Australia;
or (b) from a point inside Australia to a point outside Australia;
Defines temporal intervals for extraterritorial operation
if a person’s act or omission includes sending, omitting to send, causing to be sent or omitting to cause to be sent an electronic communication or other thing:
Applies linear temporal logic for extraterritorial operation
Applies diffusion logic for extraterritorial operation
Applies cognitive agent logic for extraterritorial operation
56AO(5) Extraterritorial operation of the CDR provisions
Definition of Australian person and foreign person
...or an entity covered by subsection 56AR(1), (2) or (3)
point includes a mobile or potentially mobile point...
...whether on land, underground, in the atmosphere, underwater, at sea or anywhere else.
Australia, when used in a geographical sense...
...includes all the external Territories.
56AP Geographical application of offences
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.19
56AQ CDR provisions bind the Crown
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.20
56AQ(1) CDR provisions bind the Crown
The CDR provisions bind the Crown in each of its capacities.
(1) The CDR provisions bind the Crown in each of its capacities.
The Crown is bound by the CDR provisions.
56AQ(2) CDR provisions bind the Crown
The Crown is not subject to certain remedies under other laws.
CDR provisions do not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
The Crown is not subject to these remedies.
56AR Government entities may participate under this Part
56AR(1) Government entities may participate under this Part
Government entities must comply with the CDR provisions.
56AR(2) Government entities may participate under this Part
Entity must be a participating entity for the State or Territory to apply CDR provisions.
(2) The CDR provisions apply only in relation to an entity that...
56AR(3) Government entities may participate under this Part
Government entities must comply with CDR provisions for CDR data they are consumers of.
56AR(4) Government entities may participate under this Part
Government entities must comply with CDR provisions as if they were a person.
56AS Participating government entities of a State or Territory—
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.22
56AS(1) Participating government entities of a State or Territory—
The Minister may declare an entity a participating entity.
56AS(2) Participating government entities of a State or Territory—
Must obtain agreement from State or Territory before participating entity.
56AS(3) Participating government entities of a State or Territory—
Entity agreement for participation under Part
(a) a State or Territory has agreed to an entity of the State or Territory participating under this Part;
the entity is taken to have also agreed to participate under this Part.
(3) If: (a) a State or Territory has agreed to an entity of the State or Territory participating under this Part;
Conditional commencement for entity agreement
56AT Participating government entities of a State or Territory—
56AT(1) Participating government entities of a State or Territory—
Revocation of declaration of participating entity
56AT(2) Participating government entities of a State or Territory—
Minister must revoke declaration as soon as practicable upon request.
Minister has a duty to revoke declaration.
56AT(3) Participating government entities of a State or Territory—
Continues to apply certain rights, privileges, obligations or liabilities after revocation of declaration.
Continues to apply certain rights, privileges, obligations or liabilities.
Revocation of declaration does not affect existing rights, privileges, obligations or liabilities.
56BA Commission may make consumer data rules
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.23
56BA(1) Commission may make consumer data rules
56BA(2) Commission may make consumer data rules
Commission may set different rules for different classes of persons specified in an instrument designating a sector.
56BB Matters that the consumer data rules may deal with
Matters that the consumer data rules may deal with
56BC Rules about disclosure, collection, use, accuracy, storage,
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.24
56BC(1) Rules about disclosure, collection, use, accuracy, storage,
56BC(2) Rules about disclosure, collection, use, accuracy, storage,
Rules authorizing disclosure of CDR data with valid consent
56BC(3) Rules about disclosure, collection, use, accuracy, storage,
Rules for disclosure, collection, use, accuracy, storage, and security of CDR data affecting accredited persons or CDR participants/consumers.
Requires disclosure, collection, use, accuracy, storage, and security of CDR data.
(3) Without limiting paragraph 56BB(a), the consumer data rules may include...
56BD Limitations for rules about CDR data for which there are
Only designated CDR data can be required to be disclosed for which there are one or more CDR consumers.
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.25
Requires disclosure of designated CDR data for which there are one or more CDR consumers.
CDR data must be within a class of information specified in an instrument designating a sector.
56BE Rules about disclosure, collection, use, accuracy, storage,
Rules for disclosure of CDR data to a person in response to a valid request.
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.27
56BF Limitations for rules about product data
Only certain kinds of product data can be required to be disclosed
Classifies the obligation to disclose certain kinds of product data
The text imposes an obligation to disclose certain kinds of product data
There is an obligation to disclose certain kinds of product data
56BG Rules about designated gateways
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.28
56BG(1) Rules about designated gateways
Rules for designated gateways regarding CDR data
Imposes a duty on the state to follow rules for designated gateways
56BG(2) Rules about designated gateways
Rules for designated gateways regarding disclosure, collection, use, accuracy, storage, security or deletion of CDR data.
56BG(3) Rules about designated gateways
Rules for designated gateways must only include rules affecting the gateway if they also relate to a disclosure.
Rules must only include rules affecting the gateway if they also relate to a disclosure.
56BG(4) Rules about designated gateways
Subsection (3) applies despite any other provision of this Division.
Subsection (3) implies despite other provisions.
56BH Rules about accreditation of data recipients
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.30
56BH(1) Rules about accreditation of data recipients
Rules for accreditation of data recipients
56BH(2) Rules about accreditation of data recipients
Criteria for accreditation of data recipients may include payment of a fee.
56BH(3) Rules about accreditation of data recipients
Failure to comply with requirements may result in varying, suspending or revoking accreditation.
Prohibits failure to comply with requirements.
56BH(4) Rules about accreditation of data recipients
Must permit applications to the Administrative Appeals Tribunal for review of decisions.
56BI Rules about reporting, record keeping and auditing
Consumer has permission to direct CDR participant for reports about valid requests and disclosures.
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.31
Consumer has permission to direct CDR participant.
56BJ Rules about incidental or related matters
Rules about incidental or related matters
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.33
56BK Further limitations on the consumer data rules
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.34
56BK(1) Further limitations on the consumer data rules
No retrospective commencement or application for consumer data rules
Prohibition of retrospective commencement or application
Further limitations on the consumer data rules
No commencement before registration of variation to rules
56BK(2) Further limitations on the consumer data rules
A person must disclose CDR data if they are a data holder, accredited person, or given a valid request.
Data holder, accredited person, or valid request
56BK(3) Further limitations on the consumer data rules
Consumer data rules have effect to the extent specified.
56BK(4) Further limitations on the consumer data rules
Subsections (1) and (3) apply despite any other provision of this Division.
56BL Obligation to comply with consumer data rules
Consumer data rules may provide for civil penalty provisions.
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.35
Must provide for civil penalty provisions.
56BM Infringement notices
56BM(1) Infringement notices
Division 5 of Part XI applies to a civil penalty provision in a corresponding way.
Division applies to a civil penalty provision.
56BM(2) Infringement notices
Applying provisions of Division 5 of Part XI to civil penalty provisions of the consumer data rules
Prohibits applying Division 5 of Part XI to civil penalty provisions
56BN Misleading or deceptive conduct—offence
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.36
56BN(1) Misleading or deceptive conduct—offence
Engaging in misleading or deceptive conduct is an offence.
56BN(2) Misleading or deceptive conduct—offence
Prohibition on misleading or deceptive conduct
56BN(3) Misleading or deceptive conduct—offence
Offence against subsection (1) committed by a body corporate is punishable
is punishable on conviction by a fine...
Relates to the time period during which the body corporate is liable for the offence
...during the 12-month period ending at the end of the month...
Implies that the body corporate must provide a fine if it commits an offence
...is punishable on conviction by a fine...
Propagates the liability of the body corporate to its related bodies corporate
...if the court can determine the value of the benefit that the body corporate...
Classifies the body corporate as a legal person liable for the offence
56BN(4) Misleading or deceptive conduct—offence
Annual turnover has the same meaning as in Division 1 of Part IV.
Same meaning as in Division 1 of Part IV.
(4) For the purposes of paragraph (3)(c)
annual turnover has the same meaning as in Division 1 of Part IV.
56BN(5) Misleading or deceptive conduct—offence
Offence against subsection (1) punishable by imprisonment or fine.
56BO Misleading or deceptive conduct—civil penalty
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.37
56BO(1) Misleading or deceptive conduct—civil penalty
Misleading or deceptive conduct is prohibited.
56BO(2) Misleading or deceptive conduct—civil penalty
Exemption from subsection (1) for conduct not misleading or deceptive in a material particular.
56BO(3) Misleading or deceptive conduct—civil penalty
A person who wishes to rely on subsection (2) bears the burden of adducing or pointing to evidence that suggests a reasonable connection to Schedule 1 Consumer data right
56BP Matters to which Commission must have regard when making
Commission must consider certain matters when making consumer data rules.
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.38
56BQ Commission to consult before making the rules
56BQ(1) Commission to consult before making the rules
Commission must consult public before making consumer data rules.
The rules cannot be made without consulting the public.
Consultation is a requirement for rule-making
The Commission's consultation process is defined by subsection 56BA(1).
The rules are only made if the public has been consulted.
Consultation must be at least 28 days long
The Commission must wait at least 60 days after consultation begins.
The public has been consulted for at least 28 days before the rules are made.
Rules cannot be made without waiting at least 60 days
The rules are only made if the public has been consulted for at least 28 days.
Commission must consult designated regulators before making rules
The Commission must consult each of the following about the making of the rules: (i) the Information Commissioner; (ii) if the rules relate to a particular designated sector—the person or body that the Commission believes to be the primary regulator of that sector.
The rules are only made if the designated regulators have been consulted.
Commission must consult prescribed persons before making rules
The Commission must consult each of the following about the making of the rules: (iii) any person or body prescribed by the regulations.
The rules are only made if the prescribed persons have been consulted.
56BQ(2) Commission to consult before making the rules
Failure to comply with subsection (1) does not invalidate the consumer data rules.
Failure to comply implies no invalidation.
56BR Ministerial consent to rules required
Ministerial consent required for consumer data rules
56BS Emergency rules: usual consultation and consent not required
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.39
56BS(1) Emergency rules: usual consultation and consent not required
Consultation and consent not required for emergency rules
56BS(2) Emergency rules: usual consultation and consent not required
No obligation to comply with paragraph (1)(a) if rules made under subsection (1)
56BT Emergency rules: consequences if made
56BT(1) Emergency rules: consequences if made
Commission must provide written explanation and vary/repeal emergency rules upon direction.
written explanation, directions for variation/repeal
Obligation to provide written explanation and follow directions.
56BT(2) Emergency rules: consequences if made
Commission may vary or repeal emergency rules with Minister's permission.
Commission may vary or repeal emergency rules.
56BT(3) Emergency rules: consequences if made
Emergency rules cease to be in force after 6 months if made without consulting the Information Commissioner and no direction is given under subsection (2)
Prohibition of emergency rules after 6 months
56BU Charging a fee in inappropriate circumstances when required
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.40
56BU(1) Charging a fee in inappropriate circumstances when required
Charging a fee for disclosure or use of CDR data in certain circumstances is prohibited.
Prohibition of charging a fee for disclosure or use of CDR data in certain circumstances.
(1) A person contravenes this subsection if...
...the person charges (or causes to be charged) a fee...
Implication of charging a fee for disclosure or use of CDR data in certain circumstances.
Justification of prohibition of charging a fee for disclosure or use of CDR data in certain circumstances.
56BU(2) Charging a fee in inappropriate circumstances when required
Prohibits charging a fee in inappropriate circumstances when required
(2) This subsection applies if: (a) any fee (the reasonable fee): (i) that has been determined under subsection 56BV(1) for the person; or (ii) that can be worked out from a method determined under subsection 56BV(1) 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.
56BV Commission may intervene if fee for disclosing or using
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.41
56BV(1) Commission may intervene if fee for disclosing or using
Commission may determine fee for disclosing or using CDR data
56BV(2) Commission may intervene if fee for disclosing or using
Commission must ensure fee reflects reasonable costs and is reasonable.
Commission must ensure fee meets certain conditions
56BW Review by the Tribunal of determinations specifying
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.42
56BW(1) Review by the Tribunal of determinations specifying
Right to apply for review of determination
56BW(2) Review by the Tribunal of determinations specifying
Application must be made within 21 days after Commission's determination.
Application must be made within a specified timeframe.
(2) An application under this section for a review of a determination must be made within 21 days after the day the Commission made the determination.
The application must be made within 21 days after the Commission's determination.
Application must be made between specified dates.
The application must be made between the 21st day and the day the Commission made the determination.
Application is a trace of a review process.
The application is a trace of the review process.
Application is a diffusion of information about a review.
The application is a diffusion of information about the review.
Application is an artificial intelligence process.
The application is an artificial intelligence process.
56BW(3) Review by the Tribunal of determinations specifying
Mandatory review of determination by Tribunal upon application
56BX Functions and powers of Tribunal
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.43
56BX(1) Functions and powers of Tribunal
May make a decision affirming, setting aside or varying the determination.
56BX(2) Functions and powers of Tribunal
A decision by the Tribunal is taken to be a determination of the Commission.
Decision takes on the status of a determination.
56BX(3) Functions and powers of Tribunal
Tribunal may require Commission to provide information and assistance.
56BX(4) Functions and powers of Tribunal
May consider information given to Commission in review
56BY 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(1).
56CA Granting accreditations
56CA(1) Granting accreditations
Granting accreditation to a person based on meeting specified criteria.
56CA(2) Granting accreditations
56CB Review of decisions refusing to accredit
Review of decisions refusing to accredit
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.44
56CC Prohibition on holding out—offence
56CC(1) Prohibition on holding out—offence
Holding out as an accredited person is prohibited.
Prohibits holding out as an accredited person.
(1) A person commits an offence if the person holds out that the person: (a) is an accredited person; or (b) is an accredited person holding an accreditation that has been granted at a particular level (see paragraph 56BH(1)(d)); or (c) is an accredited data recipient of CDR data; if that is not the case.
Defines the temporal interval during which holding out as an accredited person is prohibited.
(1) A person commits an offence if the person holds out that the person: (a) is an accredited person; or (b) is an accredited person holding an accreditation that has been granted at a particular level (see paragraph 56BH(1)(d)); or (c) is an accredited data recipient of CDR data;
Defines the scope of individuals who can hold out as accredited persons.
(a) is an accredited person; or (b) is an accredited person holding an accreditation that has been granted at a particular level (see paragraph 56BH(1)(d)); or (c) is an accredited data recipient of CDR data;
Defines the relationship between holding out as an accredited person and committing an offence.
56CC(2) Prohibition on holding out—offence
Offence against subsection (1) committed by a body corporate is punishable.
(2) An offence against subsection (1) committed by a body corporate...
56CC(3) Prohibition on holding out—offence
(3) For the purposes of paragraph (2)(c), annual turnover has the same meaning as in Division 1 of Part IV.
56CC(4) Prohibition on holding out—offence
Offence against subsection (1) committed by a person other than a body corporate is punishable.
56CD Prohibition on holding out—civil penalty
Prohibition on holding out that a person is accredited or has a specific accreditation level.
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.45
Prohibits holding out that a person is accredited or has a specific accreditation level.
56CE Register of Accredited Persons
56CE(1) Register of Accredited Persons
Establishment of Register of Accredited Persons
56CE(2) Register of Accredited Persons
The Accreditation Registrar must maintain the register by electronic means.
56CE(3) Register of Accredited Persons
The register is not a legislative instrument.
56CE(4) Register of Accredited Persons
The consumer data rules may make provision for or in relation to the inclusion of entries for accredited persons.
56CF Evidentiary value of the register
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.46
56CF(1) Evidentiary value of the register
Register is admissible as prima facie evidence.
Register's admissibility as prima facie evidence.
(1) The register is admissible in any proceedings...
Register's use in proceedings not restricted.
The register can be used in proceedings.
Register's admissibility implies its use in proceedings.
If the register is admissible, it can be used.
Register's use in proceedings not restricted by time.
Register's admissibility inferred from its use in proceedings.
The register can be used because it is admissible.
56CF(2) Evidentiary value of the register
The Accreditation Registrar must issue a document containing details from the register.
56CF(3) Evidentiary value of the register
Exhibit admissible as prima facie evidence
56CG Appointment of the Data Recipient Accreditor
56CG(1) Appointment of the Data Recipient Accreditor
The Minister must appoint a Data Recipient Accreditor.
Obligation to appoint a Data Recipient Accreditor.
The Minister may appoint a person within a certain timeframe.
(1) The Minister may, by written instrument, appoint as the Data Recipient Accreditor a person who: (a) is the accountable authority of a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013);
The Minister may appoint multiple Data Recipient Accreditors.
(1) The Minister may, by written instrument, appoint as the Data Recipient Accreditor a person who: (a) is the accountable authority of a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); or (b) is a Commonwealth entity (within the meaning of that Act). Note 2: The Commission will be the Data Recipient Accreditor in the absence of an appointment under this subsection (see the definition of Data Recipient Accreditor in subsection 4(1)).
The Minister may appoint a person as the Data Recipient Accreditor.
56CG(2) Appointment of the Data Recipient Accreditor
Minister may terminate appointment by written instrument.
(2) The Minister may, at any time by written instrument, terminate an appointment made under subsection (1).
Obligation to provide termination notice
56CH Functions, powers and annual report
56CH(1) Functions, powers and annual report
The Data Recipient Accreditor must accredit persons under subsection 56CA(1) and perform other functions as conferred by the consumer data rules.
Must accredit persons under subsection 56CA(1)
56CH(2) Functions, powers and annual report
The Data Recipient Accreditor has the power to do all other things necessary or convenient.
56CH(3) Functions, powers and annual report
Functions and powers of the Data Recipient Accreditor are included in other capacities.
Functions and powers are taken to include...
...while the person is the Data Recipient Accreditor
56CH(4) Functions, powers and annual report
Annual report must include information about the performance of the Data Recipient Accreditor's functions and powers.
Must provide information about the performance of the Data Recipient Accreditor's functions and powers.
56CI Directions by Minister
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.47
56CI(1) Directions by Minister
The Minister may give written directions to the Data Recipient Accreditor.
56CI(2) Directions by Minister
A direction under subsection (1) must be of a general nature only.
56CI(3) Directions by Minister
Must comply with direction under subsection (1)
56CJ Delegation
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.48
56CJ(1) Delegation
Delegation of functions or powers to SES employees and APS employees
56CJ(2) Delegation
Delegate must comply with directions of Data Recipient Accreditor.
Data Recipient Accreditor's directions are binding.
Delegation overlaps with Data Recipient Accreditor's authority.
Delegatee acts under the authority of the Data Recipient Accreditor.
Delegation and Data Recipient Accreditor's authority coexist.
Delegation is a subclass of artificial intelligence's decision-making process.
Delegation is an aspect of AI's authority.
Delegation validates the Data Recipient Accreditor's authority.
Delegatee must comply with the Data Recipient Accreditor's rules.
Delegation ensures the Data Recipient Accreditor's authority is respected.
Delegation is a subclass of legal authority.
Delegation is an aspect of legal authority.
56CK Appointment of the Accreditation Registrar
56CK(1) Appointment of the Accreditation Registrar
Minister may appoint Accreditation Registrar
56CK(2) Appointment of the Accreditation Registrar
Minister can terminate appointment by written instrument.
Minister's discretion to terminate appointment
Minister's ability to diffuse termination
Minister's capacity to terminate appointment
56CL Functions, powers and annual report
56CL(1) Functions, powers and annual report
Functions of the Accreditation Registrar
Defines functions of the Accreditation Registrar
56CL(2) Functions, powers and annual report
The Accreditation Registrar has the power to do all other things necessary or convenient.
(2) The Accreditation Registrar has the power to do all other things necessary or convenient to be done for or in connection with the performance of the Accreditation Registrar’s functions.
The power is exercised during the performance of the Accreditation Registrar’s functions.
56CL(3) Functions, powers and annual report
Functions and powers of the Accreditation Registrar are taken to include those of others in certain capacities.
56CL(4) Functions, powers and annual report
Annual report must include information about Accreditation Registrar's functions and powers.
56CM Directions by Minister
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.49
56CM(1) Directions by Minister
The Minister may give written directions to the Accreditation Registrar.
56CM(2) Directions by Minister
56CN Delegation
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.50
56CN(1) Delegation
Delegation of Accreditation Registrar's functions and powers
56CN(2) Delegation
Delegate must comply with directions of Accreditation Registrar.
(2) In doing anything under a delegation...
56DA Commission may recognise external dispute resolution
56DA(1) Commission may recognise external dispute resolution
Commission may recognise external dispute resolution scheme.
May recognise external dispute resolution scheme.
56DA(2) Commission may recognise external dispute resolution
Commission must specify conditions for external dispute resolution scheme recognition.
56DA(3) Commission may recognise external dispute resolution
Commission must consider certain factors before recognising an external dispute resolution scheme.
Commission must consider certain factors.
(3) Before recognising an external dispute resolution scheme under subsection (1), the Commission...
Temporal intervals for consideration may be relevant.
and (f) the effectiveness of the scheme; and (g) any other matters the Commission considers relevant.
Temporal intervals may be relevant for certain factors.
(a) the accessibility of the scheme; and (b) the independence of the scheme...
56DA(4) Commission may recognise external dispute resolution
Commission must consult Information Commissioner before recognising external dispute resolution scheme.
56DA(5) Commission may recognise external dispute resolution
Failure to comply does not invalidate an instrument.
56EA Simplified outline
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.51
Imposes duty on the state to protect CDR consumers' data
56EB Kinds of CDR data to which the privacy safeguards apply
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.52
56EB(1) Kinds of CDR data to which the privacy safeguards apply
Privacy safeguards apply to CDR data with identifiable persons
There needs to be at least one person who is identifiable from the CDR data or related information
CDR consumer exists during this temporal interval
CDR consumer exists until this temporal interval ends
CDR data has a CDR consumer if it is reasonably identifiable
CDR consumer exists if it is reasonably identifiable
56EB(2) Kinds of CDR data to which the privacy safeguards apply
Privacy safeguards apply to CDR data regardless of truth value.
Imposes a duty on the holder to protect CDR data.
56EC Relationship with other laws
56EC(1) Relationship with other laws
Precedence of privacy safeguards over consumer data rules
Inconsistency between privacy safeguards and consumer data rules
56EC(2) Relationship with other laws
Consumer data rules are consistent with privacy safeguards to the extent they can operate concurrently.
(2) However, the consumer data rules are taken to be consistent with the privacy safeguards to the extent that they are capable of operating concurrently.
56EC(3) Relationship with other laws
Does not limit Part IIIA of the Privacy Act 1988 in specified circumstances.
Obligation to declare specified provisions of the Privacy Act 1988.
(3) This Division does not limit Part IIIA (about credit reporting) of the Privacy Act 1988.
However, the regulations may declare that in specified circumstances that Part applies...
Temporal overlap between the regulation's declaration and Part IIIA.
However, the regulations may declare that in specified circumstances...
Repetition of the regulation's declaration in relation to Part IIIA.
Impact of the regulation's declaration on Part IIIA.
Analysis of the regulation's declaration using AI.
56EC(4) Relationship with other laws
Exempts accredited data recipients from Australian Privacy Principles
Australian Privacy Principles do not apply
56EC(5) Relationship with other laws
Does not affect how the Australian Privacy Principles apply to data holders and designated gateways.
56ED Privacy safeguard 1—open and transparent management of
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.54
56ED(1) Privacy safeguard 1—open and transparent management of
Ensure open and transparent management of CDR data
(a) a data holder of CDR data; or (b) an accredited data recipient of CDR data; or (c) a designated gateway for CDR data;
manages the CDR data in an open and transparent way.
Establish temporal intervals for management of CDR data
(1) The object of this section is to ensure that each person (a CDR entity) who is:...
Establish conditions for temporal intervals of management of CDR data
56ED(2) Privacy safeguard 1—open and transparent management of
Implement practices, procedures and systems to comply with the Part and consumer data rules.
Obligation to comply with the Part and consumer data rules.
56ED(3) Privacy safeguard 1—open and transparent management of
Maintain a clearly expressed and up-to-date policy on CDR data management
56ED(6) Privacy safeguard 1—open and transparent management of
Civil penalty provision CDR entity must provide information about disclosure and accuracy of CDR data
56ED(4) Privacy safeguard 1—open and transparent management of
Must provide information on accessing and correcting CDR data, as well as complaint procedures.
56ED(5) Privacy safeguard 1—open and transparent management of
CDR entity must provide specific information about CDR data
Must provide purposes for collecting and using CDR data
(b) the purposes for which the CDR entity may collect, hold, use or disclose such CDR data with the consent of a CDR consumer for the CDR data,
Must provide information about accessing and correcting CDR data
(c) how a CDR consumer for such CDR data may access the CDR data and seek the correction of the CDR data,
Must provide information about complaining and dealing with complaints
(d) how a CDR consumer for such CDR data may complain about a failure of the CDR entity to comply with this Part or the consumer data rules, and how the CDR entity will deal with such a complaint,
Must provide information about disclosing CDR data overseas
(e) whether the CDR entity is likely to disclose such CDR data to accredited persons who are based overseas,
56EE Privacy safeguard 2—anonymity and pseudonymity
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.56
56EE(1) Privacy safeguard 2—anonymity and pseudonymity
Must give CDR consumer option to use pseudonym or not identify themselves
56EE(2) Privacy safeguard 2—anonymity and pseudonymity
Option for CDR consumer to access data through designated gateway.
56EE(3) Privacy safeguard 2—anonymity and pseudonymity
No consumer data right applies in the circumstances specified in the consumer data rules.
56EF Privacy safeguard 3—soliciting CDR data from CDR
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.57
56EF(1) Privacy safeguard 3—soliciting CDR data from CDR
Accredited person cannot collect CDR data without consumer's request
Request must be given before collecting CDR data
CDR consumer's request under consumer data rules
Request implies collection of CDR data is permissible
Request implies diffusion of information to accredited person
Accredited person must inform CDR participant
Request implies AI system can process CDR data
56EF(2) Privacy safeguard 3—soliciting CDR data from CDR
Soliciting CDR data from CDR participant or through a designated gateway
56EG Privacy safeguard 4—dealing with unsolicited CDR data from
56EG(1) Privacy safeguard 4—dealing with unsolicited CDR data from
Destroy unsolicited CDR data upon request.
Mandatory destruction of unsolicited CDR data.
...the person must destroy that CDR data as soon as practicable.
Obligation to destroy unsolicited CDR data upon request.
(a) while the person is an accredited person, collects CDR data...
Mandatory destruction of unsolicited CDR data upon request.
(b) is not required to retain that CDR data by or under an Australian law or a court/tribunal order;
Temporal interval for destruction of unsolicited CDR data.
56EG(2) Privacy safeguard 4—dealing with unsolicited CDR data from
Collection of CDR data must comply with privacy safeguard
56EH Privacy safeguard 5—notifying of the collection of CDR data
Notify CDR consumers of collection of CDR data
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.58
56EI Privacy safeguard 6—use or disclosure of CDR data by
56EI(1) Privacy safeguard 6—use or disclosure of CDR data by
Use or disclosure of CDR data is prohibited unless certain conditions are met.
56EI(2) Privacy safeguard 6—use or disclosure of CDR data by
No use or disclosure of CDR data unless specified conditions are met.
(2) A designated gateway for CDR data must not use or disclose it
Temporal interval for when use or disclosure is permitted.
56EI(3) Privacy safeguard 6—use or disclosure of CDR data by
Exemption from subsections (1) and (2) for direct marketing purposes
56EJ Privacy safeguard 7—use or disclosure of CDR data for direct
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.59
56EJ(1) Privacy safeguard 7—use or disclosure of CDR data for direct
Use or disclosure of CDR data for direct marketing without consent is prohibited.
Prohibition of use or disclosure for direct marketing.
(1) An accredited data recipient of CDR data must not use or disclose it...
Authorization for use or disclosure under consent.
(b) the use or disclosure is authorised under the consumer data rules...
The use or disclosure is authorized under consent.
56EJ(2) Privacy safeguard 7—use or disclosure of CDR data for direct
No direct marketing of CDR data without consumer consent
56EK Privacy safeguard 8—overseas disclosure of CDR data by
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.60
56EK(1) Privacy safeguard 8—overseas disclosure of CDR data by
Must not disclose CDR data unless certain conditions are met.
56EK(2) Privacy safeguard 8—overseas disclosure of CDR data by
If new recipient's act/omission contravenes privacy safeguard, accredited data recipient is also liable.
If A implies B, then if A is true, B must be true.
56EK(3) Privacy safeguard 8—overseas disclosure of CDR data by
Assume privacy safeguards apply to new recipient as if they were an accredited data recipient.
Imposes a duty on the state to assume privacy safeguards apply.
56EL Privacy safeguard 9—adoption or disclosure of government
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.61
56EL(1) Privacy safeguard 9—adoption or disclosure of government
Do not adopt or use government related identifier without authorization.
Government related identifier classification
56EL(2) Privacy safeguard 9—adoption or disclosure of government
Prohibition on disclosure of CDR data without consent
(2) If a person who is an accredited data recipient of CDR data proposes to disclose the CDR data;
disclosure of CDR data without consent is prohibited
Disclosures are only permitted during the period of accreditation
disclosure of CDR data without consent occurs outside the period of accreditation
Disclosures are only permitted until the end of accreditation
disclosure of CDR data without consent occurs after the end of accreditation
Disclosures are only permitted through accredited recipients
disclosure of CDR data without consent occurs through unauthorized recipients
Disclosures are only permitted by accredited recipients
disclosure of CDR data without consent occurs through unauthorized agents
56EM Privacy safeguard 10—notifying of the disclosure of CDR
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.62
56EM(1) Privacy safeguard 10—notifying of the disclosure of CDR
Data holder must notify CDR consumers of disclosure.
56EM(2) Privacy safeguard 10—notifying of the disclosure of CDR
Accredited data recipient must notify CDR consumers of disclosure.
Notification must occur at or before specified time
(iii) is given at or before the time specified in those rules.
56EM(3) Privacy safeguard 10—notifying of the disclosure of CDR
Notify designated gateway of CDR data disclosure
56EN Privacy safeguard 11—quality of CDR data
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.63
56EN(1) Privacy safeguard 11—quality of CDR data
Ensure accuracy, completeness, and update of CDR data upon disclosure.
Obligation to ensure accuracy, completeness, and update of CDR data.
56EN(2) Privacy safeguard 11—quality of CDR data
Accredited data recipient must ensure CDR data is accurate, up to date and complete.
56EO Privacy safeguard 12—security of CDR data, and destruction
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.64
56EO(1) Privacy safeguard 12—security of CDR data, and destruction
Must protect CDR data from misuse, interference and loss.
CDR entity is an accredited data recipient or designated gateway
Protection must be taken from misuse, interference and loss
Protection must be taken within the specified temporal interval
56EO(2) Privacy safeguard 12—security of CDR data, and destruction
Destroy redundant CDR data if no longer needed for permitted purposes and not required by law or court order.
CDR entity is not required to retain the redundant data by or under an Australian law or a court/tribunal order.
Must ensure de-identification of redundant data
Redundant data does not relate to any current or anticipated legal proceedings; or dispute resolution proceedings; to which the CDR entity is a party.
Ensure that the redundant data is de-identified
Redundant data is not retained for more than a certain period of time
(b) the CDR entity is not required to retain the redundant data by or under an Australian law or a court/tribunal order.
Redundant data is retained for more than a certain period of time
56EP Privacy safeguard 13—correction of CDR data
Data holder must correct CDR data upon request from consumer.
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.65
56EQ Information Commissioner to promote compliance etc.
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.66
56EQ(1) Information Commissioner to promote compliance etc.
The Information Commissioner has functions to promote compliance with privacy safeguards.
The Information Commissioner has functions.
56EQ(2) Information Commissioner to promote compliance etc.
Consultation requirement before making guidelines.
56EQ(3) Information Commissioner to promote compliance etc.
Information Commissioner may publish guidelines
56EQ(4) Information Commissioner to promote compliance etc.
Guidelines prevail over consumer data rules in case of inconsistency.
Inconsistency between guidelines and consumer data rules
56EQ(5) Information Commissioner to promote compliance etc.
Guidelines made under paragraph (1)(a) are not a legislative instrument.
56EQ(6) Information Commissioner to promote compliance etc.
The Information Commissioner may undertake educational programs on behalf of the Information Commissioner.
56ER Information Commissioner may conduct an assessment
The Information Commissioner may assess whether a CDR participant or designated gateway is maintaining and handling CDR data in accordance with privacy safeguards.
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.67
56ES Notification of CDR data security breaches
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.68
56ES(1) Notification of CDR data security breaches
Notification of CDR data security breaches obligation Notification of CDR data security breaches required when certain entities hold or process CDR data.
Obligation to notify CDR data security breaches
Entity must have obligation to notify breach.
56ES(2) Notification of CDR data security breaches
Applicable provisions of the Privacy Act 1988 also apply to accredited data recipients and designated gateways for CDR data.
Provisions apply to accredited data recipients and designated gateways.
Also applies to accredited data recipients and designated gateways for CDR data.
The substitutions in the following table and the modifications in subsection (3) were made.
56ES(3) Notification of CDR data security breaches
Assume certain conditions for the purpose of subsection (2)
56ET Investigating breaches of the privacy safeguards etc.
Investigating breaches of the privacy safeguards etc.
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.69
56EU Civil penalty provisions
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.72
56EU(1) Civil penalty provisions
List of civil penalty provisions under the Regulatory Powers Act
Enumerates specific provisions as civil penalty provisions
56EU(2) Civil penalty provisions
Each privacy safeguard penalty provision is enforceable under Part 4 of the Regulatory Powers Act.
The provision is enforceable by the State.
(2) Each privacy safeguard penalty provision is enforceable under Part 4 of the Regulatory Powers Act.
Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
56EU(3) Civil penalty provisions
Information Commissioner is an authorised applicant in relation to each privacy safeguard penalty provision.
authorised applicant in relation to each privacy safeguard penalty provision.
56EU(4) Civil penalty provisions
List of courts with jurisdiction over privacy safeguard penalty provisions
Describes temporal relationship between intervals
56EU(5) Civil penalty provisions
Proceedings may be instituted against a person in relation to contravention of certain provisions.
Prohibits proceedings against a person in relation to contravention of certain provisions.
(5) If an act or omission constitutes: (a) a contravention of one or more of the privacy safeguard penalty provisions; and (b) a contravention of one or more civil penalty provisions of the consumer data rules; proceedings may be instituted against a person in relation to the contravention of any one or more of those provisions.
Proceedings may not be instituted against a person in relation to contravention of certain provisions.
Identifies the temporal overlap between the provision and the regulatory powers act.
Note 1: The proceedings for a contravention referred to in paragraph (a) would be instituted under Part 4 of the Regulatory Powers Act.
The provision overlaps with Part 4 of the Regulatory Powers Act.
Identifies the recurring nature of the provision.
Note 2: The proceedings for a contravention referred to in paragraph (b) would be instituted under Part VI of this Act.
The provision repeats with Part VI of this Act.
Imposes an obligation to institute proceedings against a person in relation to contravention of certain provisions.
There is an obligation to institute proceedings against a person in relation to contravention of certain provisions.
56EU(6) Civil penalty provisions
Limitation on pecuniary penalty liability
56EV Civil penalty provisions—maximum amount of penalty
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.74
56EV(1) Civil penalty provisions—maximum amount of penalty
Maximum amount of civil penalty for a body corporate
Prohibits exceeding maximum civil penalty amount
(1) Despite subsection 82(5) of the Regulatory Powers Act...
Establishes temporal relation between contravention and maximum civil penalty amount
Temporal relation: Contravention occurs before maximum civil penalty amount
Establishes recurring trace between contravention and maximum civil penalty amount
(a) by a person; and (b) under a civil penalty order...
Recurring trace: Contravention type is related to maximum civil penalty amount
Diffuses information about contravention and maximum civil penalty amount
Information diffusion: Contravention type is related to maximum civil penalty amount
Classifies contravention as exceeding maximum civil penalty amount using AI
Contravention type: Exceeding maximum civil penalty amount (AI classification)
56EV(2) Civil penalty provisions—maximum amount of penalty
Maximum penalty amount for contravention of privacy safeguard penalty provision
Prohibits contravention of privacy safeguard penalty provision
(2) For the purposes of subsection (1), the maximum penalty amount for a contravention by a body corporate of a privacy safeguard penalty provision is...
Defines temporal interval for calculation of benefit value
(c) if that court cannot determine the value of that benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the contravention happened or began.
...of the body corporate during the 12-month period ending at the end of the month in which the contravention happened or began.
Defines recurring trace for calculation of benefit value
(b) if the relevant court (see subsection 56EU(4)) can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the contravention—3 times the value of that benefit.
Prohibits calculation of benefit value if court cannot determine its value
56EV(3) Civil penalty provisions—maximum amount of penalty
Maximum amount of civil penalty for other persons is prohibited.
56EV(4) Civil penalty provisions—maximum amount of penalty
56EW Enforceable undertakings
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.75
56EW(1) Enforceable undertakings
Enforceable undertakings under Part 6 of the Regulatory Powers Act
56EW(2) Enforceable undertakings
Authorises the Information Commissioner as an authorised person for enforcement purposes.
56EW(3) Enforceable undertakings
List of relevant courts for enforcement of provisions under Part 6 of the Regulatory Powers Act.
56EX Injunctions
Enforceable provisions of privacy safeguards
56EY Actions for damages
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.76
56EY(1) Actions for damages
Recovery of damages for contravention of privacy safeguards or consumer data rules.
Obligation to recover damages for contravention of privacy safeguards or consumer data rules.
(1) A person who suffers loss or damage (within the meaning of subsection 25(1) of the Privacy Act 1988)
may recover the amount of the loss or damage by action against that other person or against any person involved in the contravention.
Temporal interval for recovery of damages.
Recovery applies everywhere within the Privacy Act 1988.
56EY(2) Actions for damages
Action for damages can be commenced within 6 years after the contravention happened or began.
Permission to commence action within a time limit
56EY(3) Actions for damages
Prima facie evidence of a fact in any proceeding under subsection (1) against the person.
Obligation to provide prima facie evidence
(3) If a finding of any fact is made by a court...
The finding or admission is prima facie evidence...
The finding or admission may be used as prima facie evidence in any proceeding under subsection (1)
Temporal trace between facts and proceedings
The finding or admission has a temporal relationship with the proceeding under subsection (1)
The person has the right to use the finding or admission as prima facie evidence in any proceeding under subsection (1)
56EY(4) Actions for damages
Provision for proving a finding or admission in court
Document under the seal of the court or a document filed in the court
56EY(5) Actions for damages
Jurisdiction for actions under subsection (1)
Has jurisdiction to hear and determine actions
56EY(6) Actions for damages
Section applies to proceedings in a corresponding way
(6) Section 86AA (about limits on jurisdiction)
in a corresponding way to the way that section applies to proceedings under section 82.
56EY(7) Actions for damages
Section applies in relation to a proceeding under subsection (1) of this section as if paragraph 86A(1)(b) also referred to a matter for determination arising under the privacy safeguards.
56EZ Delegation to the Commission etc.
Delegation of functions or powers to the Commission
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.78
56FA Making data standards
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.79
56FA(1) Making data standards
The Data Standards Chair may make data standards about CDR data.
56FA(2) Making data standards
Comply with consumer data rules when making, varying or revoking a data standard.
Obligation to comply with consumer data rules
56FA(3) Making data standards
Must make a data standard about a particular matter if required by consumer data rules
56FB What data standards can set out etc.
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.80
56FB(1) What data standards can set out etc.
Data standard may set out different provisions for different classes of persons.
56FB(2) What data standards can set out etc.
A separate data standard can deal with different sectors or classes.
56FC Data standards must be published
Copy of each data standard made under subsection 56FA(1)
56FD Legal effect of data standards
56FD(1) Legal effect of data standards
Agrees to observe the standard and engage in conduct required by the standard.
Agrees to observe and engage in conduct.
(a) a data holder of CDR data to which a binding data standard applies;
(c) agrees to observe the standard to the extent that the standard applies to the person;
(d) agrees to engage in conduct that the person is required by the standard to engage in.
Standard applies to the data holder and accredited persons.
the person is required by the standard to engage in conduct.
Agrees to observe and engage during the period of the contract.
(1) A contract is taken to be in force between:
the person agrees to observe the standard to the extent that the standard applies to the person;
Agrees to observe and engage implies a contract.
the data holder will be taken to have a separate contract with each accredited person.
Agrees to observe and engage diffuses the standard.
56FD(2) Legal effect of data standards
Agrees to observe standard and engage in conduct required by the standard.
Agreement to observe standard and engage in conduct.
56FD(3) Legal effect of data standards
Rules prevail over data standards in case of inconsistency
Rules take precedence over data standards
56FE Enforcement of binding data standards
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.81
56FE(1) Enforcement of binding data standards
Failure to comply with binding data standard obligation
(1) If a person who is under an obligation...
56FE(2) Enforcement of binding data standards
Court may give directions to person or directors of body corporate
56FF Data Standards Chair
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.82
56FG Appointment of the Data Standards Chair
56FG(1) Appointment of the Data Standards Chair
56FG(2) Appointment of the Data Standards Chair
The Data Standards Chair must hold office for a period not exceeding 3 years.
The Data Standards Chair must hold office
The Data Standards Chair's office begins during the specified period
The Data Standards Chair is appointed for a period
The Data Standards Chair's office must begin during this period
The Data Standards Chair may be reappointed
The Data Standards Chair must be reappointed after the specified period
The Minister will be the Data Standards Chair in the absence of an appointment
The Data Standards Chair's reappointment is permitted
The Data Standards Chair has a specified instrument of appointment
The Data Standards Chair's appointment must be specified in an instrument
56FH Functions and powers of the Data Standards Chair
56FH(1) Functions and powers of the Data Standards Chair
The Data Standards Chair must make standards under Subdivision A and review them regularly.
The Data Standards Chair has a duty to make standards under Subdivision A and review them regularly.
56FH(2) Functions and powers of the Data Standards Chair
The Data Standards Chair has the power to establish committees, advisory panels and consultative groups.
Establishs power to establish committees, advisory panels and consultative groups.
(2) The Data Standards Chair has the following powers:
Establishes power to do all other things necessary or convenient to be done for or in connection with the performance of the Chair’s functions.
The Data Standards Chair has the power to do all other things necessary or convenient to be done for or in connection with the performance of the Chair’s functions.
Establishes the time period during which the Data Standards Chair has power to establish committees, advisory panels and consultative groups.
The Data Standards Chair has power to establish committees, advisory panels and consultative groups during its term in office.
Establishes the time period during which the Data Standards Chair has power to do all other things necessary or convenient to be done for or in connection with the performance of the Chair’s functions.
The Data Standards Chair has power to do all other things necessary or convenient to be done for or in connection with the performance of the Chair’s functions during its term in office.
56FI Directions by Minister
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.83
56FI(1) Directions by Minister
The Minister may give written directions to the Data Standards Chair.
56FI(2) Directions by Minister
56FI(3) Directions by Minister
(3) The Data Standards Chair must comply with a direction under subsection (1).
56FJ Appointment of the Data Standards Body
56FJ(1) Appointment of the Data Standards Body
The Minister may appoint the Data Standards Body.
56FJ(2) Appointment of the Data Standards Body
56FK Function and powers of the Data Standards Body
56FK(1) Function and powers of the Data Standards Body
The Data Standards Body assists the Data Standards Chair.
56FK(2) Function and powers of the Data Standards Body
Power to perform necessary or convenient actions
56FK(3) Function and powers of the Data Standards Body
Comply with consumer data rules when assisting the Data Standards Chair
56FL Acting appointments
The Minister may appoint a person to act as Data Standards Chair.
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.84
56FM Terms and conditions
56FM(1) Terms and conditions
Terms and conditions for the Data Standards Chair's office
56FM(2) Terms and conditions
Minister exemption from subsection (1) during tenure as Data Standards Chair.
56FN Remuneration
56FN(1) Remuneration
Data Standards Chair must be paid remuneration determined by the Remuneration Tribunal or prescribed by regulations.
56FN(2) Remuneration
The Data Standards Chair must be paid allowances prescribed by regulations.
56FN(3) Remuneration
Remuneration subject to the Remuneration Tribunal Act 1973.
56FN(4) Remuneration
Exempts the Minister from subsections (1) and (2) while in office.
56FO Leave
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.85
56FO(1) Leave
Recreation leave entitlements determined by the Remuneration Tribunal.
(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.
Recreation leave entitlements apply during Data Standards Chair appointment
Recreation leave entitlements diffuse during Data Standards Chair appointment
56FO(2) Leave
Minister may grant Data Standards Chair leave of absence on terms and conditions determined by Minister.
56FO(3) Leave
Grant leave of absence to Data Standards Chair on terms and conditions determined by Secretary.
Granting leave of absence is an obligation.
56FP Application of the finance law etc.
56FP(1) Application of the finance law etc.
The Data Standards Chair is taken to be an official of the Department.
56FP(2) Application of the finance law etc.
Must include information about the performance and exercise of Data Standards Chair's functions in annual reports.
56FQ Resignation
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.86
56FQ(1) Resignation
The Data Standards Chair must provide a written resignation to the Minister.
The Data Standards Chair must provide a written resignation.
56FQ(2) Resignation
Resignation takes effect on the day it is received by the Minister or a later specified day.
56FR Termination of appointment
56FR(1) Termination of appointment
Minister may terminate appointment for misbehaviour or incapacity
56FR(2) Termination of appointment
Termination of appointment under certain conditions.
Prohibits termination under certain conditions.
(2) The Minister may terminate the appointment...
...if: (a) the Data Standards Chair... (b) if the Data Standards Chair is appointed on a full-time basis...
Termination may occur during certain periods.
...if the Data Standards Chair is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12-month period;
...or fails, without reasonable excuse, to comply with section 29...
...or rules made for the purposes of that section.
56FS Delegation
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.87
56FS(1) Delegation
Delegation of functions or powers to SES employees, APS employees, and others.
Specifies the temporal interval during which delegation can occur
56FS(2) Delegation
Exempts Data Standards Chair from subsection (1) limitations.
56FS(3) Delegation
Delegate must comply with Data Standards Chair directions.
56GA CDR functions of the Information Commissioner
The Information Commissioner has specific functions.
56GB Referring to instruments as in force from time to time
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.88
56GB(1) Referring to instruments as in force from time to time
List of instruments subject to this section
56GB(2) Referring to instruments as in force from time to time
Allows instruments to incorporate or adopt provisions from other instruments or writings.
56GB(3) Referring to instruments as in force from time to time
Subsection (2) has effect despite subsection 14(2) of the Legislation Act 2003.
56GC Complying with requirements to provide CDR data:
56GC(1) Complying with requirements to provide CDR data:
Comply with requirements to provide CDR data
56GC(2) Complying with requirements to provide CDR data:
Evidential burden for relying on subsection (1) in civil actions or proceedings.
Evidential burden for relying on subsection (1)
56GC(3) Complying with requirements to provide CDR data:
Imposes a duty on the state to provide CDR data
Defines a class of requirements for providing CDR data
56GD Exemptions by the Commission
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.89
56GD(1) Exemptions by the Commission
56GD(2) Exemptions by the Commission
Commission may exempt a person from provisions covered by this section.
56GD(3) Exemptions by the Commission
56GE Exemptions and modifications by regulations
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.90
56GE(1) Exemptions and modifications by regulations
Exemptions and modifications by regulations
56GE(2) Exemptions and modifications by regulations
56GE(3) Exemptions and modifications by regulations
Permits exemptions and modifications by regulations
(3) An exemption under paragraph (2)(a) or (b), or a declaration under paragraph (2)(c):
Allows exemptions and modifications by regulations to apply unconditionally or subject to specified conditions
(a) may or may not be limited to a specified period; and (b) may apply unconditionally or subject to specified conditions.
Requires a relation between identifiable temporal intervals for exemptions and modifications by regulations
Requires an ordered or recurring trace for exemptions and modifications by regulations
Classifies the legal effect of exemptions and modifications by regulations as permissions
56GF Constitutional basis
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.91
56GF(1) Constitutional basis
Expressly confines CDR provisions to corporations.
(1) The CDR provisions have the effect they would have if their operation were expressly confined to CDR entities that are corporations.
The CDR provisions have the effect they would have if their operation were expressly confined to CDR entities that are corporations.
56GF(2) Constitutional basis
No effect as provided by subsections (3), (4), (5) and (6).
56GF(3) Constitutional basis
Limitation on CDR provisions to specific services and businesses.
(3) The CDR provisions also have the effect they would have if their operation were expressly confined to...
...or in relation to, the carrying on of: ...
CDR provisions overlap with specific services and businesses.
(b) the business of banking, other than State banking (within the meaning of paragraph 51(xiii) of the Constitution)...
CDR provisions repeat for specific services and businesses.
(c) the business of insurance, other than State insurance (within the meaning of paragraph 51(xiv) of the Constitution)...
CDR provisions diffuse to specific services and businesses.
CDR provisions recognize specific services and businesses.
56GF(4) Constitutional basis
CDR provisions have the effect of making a supply or communication if their operation is confined to CDR entities.
56GF(5) Constitutional basis
Permits CDR entities to operate in specific contexts
56GG Compensation for acquisition of property
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.92
56GG(1) Compensation for acquisition of property
Compensation for acquisition of property on just terms
56GG(2) Compensation for acquisition of property
Compensation for acquisition of property
Imposes a duty on the state to pay compensation
56GG(3) Compensation for acquisition of property
Compensation for acquisition of property: proceeding to recover compensation if agreement cannot be reached.
56GH Review of the operation of this Part
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.93
56GH(1) Review of the operation of this Part
The Minister must conduct an independent review of the operation of this Part.
The Minister must conduct an independent review.
56GH(2) Review of the operation of this Part
56GH(3) Review of the operation of this Part
Minister must table report in each House of Parliament within 15 sitting days.
2 Transitional—banking sector
Exempts certain banking sector instruments from specific provisions of the Competition and Consumer Act 2010.
Exempts certain instruments from specific provisions.
Subsections 56AD(2) and (3) of the Competition and Consumer Act 2010 do not apply.
An instrument under subsection 56AC(2) is exempt.
Defines a temporal interval for the exemption to take effect.
The exemption takes effect after the later of July 2020 and the end of the 3-month period starting on the day this Part commences.
The exemption takes effect after July 2020 or the end of the 3-month period.
Defines a recurring trace for the exemption to apply.
The exemption applies to instruments made before the later of July 2020 and the end of the 3-month period starting on the day this Part commences.
The exemption applies to instruments made before the defined temporal interval.
Represents knowledge about the exemption in a structured format.
The exemption is represented as a rule of law.
The exemption is validated against a schema.
3 Transitional—energy sector
Exemptions for energy sector instruments
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.94
Exempts certain instruments from consumer data right provisions
(1) Subsections 56AD(2) and (3) and sections 56AE and 56AF of the Competition and Consumer Act 2010 do not apply...
...as holding one or more classes of information...
Defines subclass for National Electricity Law
National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA).
...the meaning of the National Electricity Law.
Permits certain exemptions for energy sector instruments
Conditional commencement for energy sector instruments
(2) In this item: National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA).
...the end of the 3-month period starting on the day this Part commences.
4 Section 3
Defines 'consumer data right matters' as per section 32A.
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.95
5 Section 4
6 Subsection 9(1)
Repeal subsection 9(1) and substitute with new provisions regarding privacy functions.
7 After paragraph 29(2)(a)
Records, discloses or uses information in the course of performing a function or exercising a related power.
8 At the end of section 29
Relevant information for accreditation decisions under the Competition and Consumer Act 2010
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.96
9 At the end of section 30
10 After section 32
32A Definition of the consumer data right matters
Statement of performance of functions conferred under the Competition and Consumer Act 2010
11 Subsection 4(1)
Defines terms related to consumer data right
12 Subsection 8A(4)
Insertion of consumer data rules after specific phrase.
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.99
13 Subsections 19(1) and (7)
Insert consumer data rules after “this Act”.
14 Subsection 25(1)
15 Before subsection 26(1)
Delegation of power to staff members of ASIC
16 At the end of section 26
16(3) At the end of section 26
Commission may delegate functions and powers to the extent that they relate to Part IVD or consumer data rules.
16(4) At the end of section 26
Delegation of functions and powers to the extent that they relate to Part IVD or consumer data rules.
17 Subsection 75B(1)
Substitute certain sections and provisions with new ones.
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.100
18 After subparagraph 76(1)(a)(ia)
19 Paragraph 76(1A)(b)
Insertion of new provision after Part IV
20 After paragraph 76(1A)(ca)
Inserts amount of pecuniary penalty for bodies corporate into consumer data rules.
21 After paragraph 76(1B)(aa)
Prohibits acts or omissions related to subsections 56BO(1) and 56BU(1)
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.101
22 After paragraph 76(1B)(aaa)
Requires specifying pecuniary penalty amount for civil penalties
Requires specifying amount for civil penalties
23 Section 76B (heading)
Repeal heading and substitute with new text.
76B Consequences in some cases if substantially the same conduct
Offence for contravening a provision of the Act
24 Subsections 76B(2), (3) and (4)
Substitute specific sections for a general reference.
25 Paragraph 76B(5)(a)
26 Subparagraph 79A(1)(a)(i)
27 Subparagraph 79B(a)(ii)
Insertion of subsections after section 45AG
28 Paragraph 79B(a)
Insertion of consumer data rules after Act
29 After subparagraph 80(1)(a)(iia)
Inserts provisions into consumer data rules
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.102
30 Paragraphs 80(9)(a) and (b)
31 Subsection 82(1)
Recovery of loss or damage from contravention
A person who suffers loss or damage may recover the amount by action against another person.
Temporal interval during which recovery is possible
when that other person or any person involved in the contravention.
32 Subparagraph 83(1)(a)(ii)
33 Paragraph 83(1)(b)
Repeal of paragraph 83(1)(b) and substitution with new provision
34 Paragraph 84(1)(a)
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.103
35 Paragraph 84(1)(b)
Omit specific provisions from consumer data rules
36 Subsection 84(2)
Inserts consumer data rules after this Act.
37 Paragraph 84(3)(a)
38 Paragraph 84(3)(b)
Omit certain provisions from consumer data rules
39 Subsection 84(4)
40 Subsection 86(1)
41 Subsections 86(1A) and (2)
42 Paragraph 86A(1)(b)
43 Subsection 86C(4) (paragraph (a) of the definition of
Repeal of paragraph and substitution with Schedule 1 Consumer data right
44 Paragraph 86D(1)(b)
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.104
45 Subsection 86D(1A)
46 Paragraph 86E(1)(a)
47 Paragraph 86E(1A)(a)
48 Subsection 86F(1)
49 Subsection 86F(3)
50 Subsection 87(1)
Insertion of subsections into section 87(1)
51 Subsection 87(1)
52 Paragraphs 87(1A)(a) and (b)
Omit certain provisions from consumer data right
53 Paragraph 87(1A)(baa)
Insertion of subsections after section 55B
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.105
54 Paragraph 87(1A)(ba)
55 Paragraph 87(1B)(a)
Substitute a provision referred to in paragraph 87(1B)(a)
56 Subsection 87(1BAA)
Modify subsection 87(1A)(b) to (1A)(baa)
57 Subsection 87(1BAA)
Substitute provision referred to in paragraph with new text.
58 Paragraph 87(1BA)(a)
59 Subsection 87(1C)
60 Subsection 87B(1)
Insertion of consumer data rules after certain phrases.
61 Section 154
Insertion of consumer data rules after contravention
62 Section 154A (paragraph (a) of the definition of evidential
Insert 'or the consumer data rules' after 'contravention of this Act'
63 Paragraph 154V(2)(a)
Insertion of phrase after 'contravention of this Act'
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.106
64 At the end of paragraph 155(2)(a)
65 After subparagraph 155(2)(b)(i)
Insert designated consumer data right matter
66 After subsection 155(9)
References designated consumer data right matter to performance of a function or exercise of a power conferred on the Commission.
67 Subsection 155AAA(21) (paragraph (a) of the definition of
68 Subsection 155AAA(21) (paragraph (a) of the definition of
Insert 'or of the consumer data rules' after '; or'
69 Section 157A (heading)
157A Disclosure of energy-related information by Commission
70 After section 157A
Inserts consumer data right into Schedule 1
157AA Disclosure of CDR-related information by Commission
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.107
157AA(1) Disclosure of CDR-related information by Commission
Disclosure of CDR-related information to the Information Commissioner and staff.
157AA(2) Disclosure of CDR-related information by Commission
Must only use information for a purpose connected with the performance of functions or exercise of powers.
157AA(3) Disclosure of CDR-related information by Commission
Disclosure of CDR-related information to certain agencies
Disclosure to agencies with supervisory or regulatory functions
71 Paragraph 163(2)(a)
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.108
72 Subsection 163A(1)
Insertion of consumer data rules after 'this Act'
73 Subsection 163A(3)
74 Paragraph 163A(4)(a)
75 Subsection 163A(4B)
76 Paragraph 163A(4C)(a)
treasury-laws-amendment-consumer-data-right-act-2019.pdf, p.109
77 Subsection 163A(4D)
78 Subsection 6(1)
Consumer data rules defined in another Act
Consumer data rules has the same meaning as in the Competition and Consumer Act 2010.
79 After subsection 6E(1C)
Small business operator with accreditation under subsection 56CA(1) of the Competition and Consumer Act 2010 must apply this Act with modifications.
Small business operator with accreditation under subsection 56CA(1) of the Competition and Consumer Act 2010
Temporal relation: Accreditation under subsection 56CA(1) of the Competition and Consumer Act 2010 precedes application of this Act
Accreditation under subsection 56CA(1) of the Competition and Consumer Act 2010
Temporal relation: Application of this Act is bounded by accreditation under subsection 56CA(1) of the Competition and Consumer Act 2010
Accreditation under subsection 56CA(1) of the Competition and Consumer Act 2010 bounds application
80 Paragraphs 20E(2)(b) and (3)(e)
Insertion of phrase after 'Australian law'
81 Paragraphs 21G(2)(d) and (3)(f)
82 Paragraphs 22E(2)(b) and (3)(b)