Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMPETITION AND CONSUMER ACT 2010 - SECT 56AI

Meanings of CDR data, directly or indirectly derived and CDR consumer

             (1)  CDR data is information that:

                     (a)  is within a class of information specified, as described in paragraph 56AC(2)(a), in an instrument designating a sector under subsection 56AC(2); or

                     (b)  is not covered by paragraph (a) of this subsection, but is wholly or partly derived from information covered by:

                              (i)  paragraph (a) of this subsection; or

                             (ii)  a previous application of this paragraph.

Note 1:       Geographical limitations may cause some information within a class specified as described in paragraph 56AC(2)(a) to be disregarded (see subsection 56AC(3)), which means it will not be CDR data.

Note 2:       Information covered by paragraph (b) includes information derived from information covered by paragraph (a), information derived from that derived information, and so on.

Note 3:       Information covered by paragraph (b), for which there is a CDR consumer, cannot be required to be disclosed under the consumer data rules (see subsection 56BD(1)).

Note 4:       Only certain kinds of CDR data for which there are no CDR consumers (also known as product data) can be required to be disclosed under the consumer data rules (see subsection 56BF(1)).

             (2)  CDR data is directly or indirectly derived from other CDR data if the first-mentioned CDR data is wholly or partly derived from the other CDR data after one or more applications of paragraph (1)(b).

             (3)  A person is a CDR consumer for CDR data if:

                     (a)  the CDR data relates to the person because:

                              (i)  of the supply of a good or service to the person or to one or more of the person's associates (within the meaning of section 318 of the Income Tax Assessment Act 1936 ); or

                             (ii)  of circumstances of a kind prescribed by the regulations; and

                     (b)  the CDR data is held by another person who:

                              (i)  is a data holder of the CDR data; or

                             (ii)  is an accredited data recipient of the CDR data; or

                            (iii)  is holding the CDR data on behalf of a person mentioned in subparagraph (i) or (ii); and

                     (c)  the person is identifiable, or reasonably identifiable, from:

                              (i)  the CDR data; or

                             (ii)  other information held by the other person referred to in paragraph (b); and

                     (d)  none of the conditions (if any) prescribed by the regulations apply to the first-mentioned person in relation to the CDR data.

             (4)  Subsection 4B(1) (about consumers) does not apply to this Part.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback