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COMPETITION AND CONSUMER ACT 2010 - SECT 56AR

Government entities may participate under this Part

Application to Commonwealth government entities

             (1)  The CDR provisions apply in relation to an entity that:

                     (a)  is part of the Commonwealth; or

                     (b)  is a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ); or

                     (c)  is a body (whether or not incorporated) established by or under a law of the Commonwealth; or

                     (d)  is:

                              (i)  holding or performing the duties of an office established by or under a law of the Commonwealth; or

                             (ii)  holding an appointment made under a law of the Commonwealth; or

                     (e)  is prescribed by the regulations.

Note:          For how the CDR provisions so apply, see subsection (4).

Application to State or Territory government entities

             (2)  The CDR provisions apply only in relation to an entity that:

                     (a)  is part of a State or Territory; or

                     (b)  is a body (whether or not incorporated) established for a public purpose by or under a law of a State or Territory; or

                     (c)  is:

                              (i)  holding or performing the duties of an office established by or under a law of a State or Territory; or

                             (ii)  holding an appointment made under a law of a State or Territory; or

                     (d)  is an entity prescribed by the regulations in relation to a State or Territory;

if a declaration under subsection 56AS(1), that the entity is a participating entity for the State or Territory, is in force.

Note:          For how the CDR provisions so apply, see subsection (4).

             (3)  However, whether or not such a declaration is in force for an entity referred to in subsection (2), the CDR provisions apply in relation to the entity to the extent that:

                     (a)  the CDR provisions relate to a CDR consumer for CDR data; and

                     (b)  the entity is a CDR consumer for CDR data (or would be a CDR consumer for CDR data if the entity were a person).

Note:          For how the CDR provisions so apply, see subsection (4).

How the CDR provisions apply to a government entity

             (4)  For an entity covered by subsection (1), (2) or (3), the CDR provisions apply as described in that subsection in relation to the entity:

                     (a)  as if the entity were a person; and

                     (b)  with the modifications (if any) prescribed by the regulations.

This subsection does not affect how subsection 56AQ(2) applies to the entity.



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