Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 56BH

  (1)   Without limiting paragraph   56BB(d), the consumer data rules may include the following rules:

  (a)   rules conferring functions or powers on the CDR Accreditor;

  (b)   the criteria for a person to be accredited under subsection   56CA(1);

  (c)   rules providing that accreditations may be granted subject to conditions, and that conditions may be imposed on an accreditation after it has been granted;

  (d)   rules providing that accreditations may be granted at different levels corresponding to different risks, including the risks associated with:

  (i)   specified classes of CDR data; or

  (ii)   specified classes of activities; or

  (iia)   specified types of CDR actions; or

  (iii)   specified classes of applicants for accreditation;

  (da)   rules specifying what a person accredited at a particular level is authorised to do (or not authorised to do);

  (e)   rules for the period, renewal, transfer, variation, suspension, revocation or surrender of accreditations;

  (f)   notification requirements on persons whose accreditations have been varied, suspended, revoked or surrendered;

  (g)   transitional rules for when an accreditation is varied, is suspended or ends, including about the disclosure, collection, use, accuracy, storage, security or deletion of CDR data;

  (h)   rules about a matter referred to in subsection   56CE(4) (about the Register of Accredited Persons).

Note 1:   The rules described in paragraph   (d) could, for example, include a level of accreditation for initiating CDR actions under the consumer data rules.

Note 2:   The rules described in paragraph   (g) could, for example, include a requirement that the CDR data be disclosed in accordance with the relevant data standards to an accredited person. Some of these transitional rules could be similar to some of the privacy safeguards.

  (2)   Without limiting paragraph   (1)(b):

  (a)   the criteria may differ for different classes of persons; and

  (b)   the criteria may include the payment of a fee.

Any fee must not be such as to amount to taxation.

  (3)   Without limiting paragraph   (1)(e), the grounds for varying, suspending or revoking an accreditation could include failing to comply with a requirement in this Part or in the consumer data rules.

Note 1:   The requirements in this Part   include the privacy safeguards.

Note 2:   An example of a variation could be the imposition of a condition, or changing the level of an accreditation.

  (4)   If the consumer data rules include rules enabling decisions to be made:

  (a)   to vary, suspend or revoke an accreditation; or

  (b)   to refuse to make a decision described in paragraph   (a);

the rules must permit the making of applications to the Administrative Review Tribunal for review of those decisions.

Note 1:   The consumer data rules can also provide for internal review of these decisions, and internal and review by the Administrative Review Tribunal of other decisions (see section   56BJ).

Note 2:   The decisions could be decisions of the Minister or of another person (see paragraph   56BJ(c)).