Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 56BU

  (1)   A person contravenes this subsection if:

  (a)   the person is a CDR participant for CDR data; and

  (b)   the person is required under the consumer data rules to disclose all or part of the CDR data; and

  (c)   the person charges (or causes to be charged) a fee for either or both of the following matters:

  (i)   the disclosure (or a related disclosure by a designated gateway or other CDR participant for the CDR data);

  (ii)   the use of the CDR data as the result of the disclosure (or of that related disclosure); and

  (d)   subsection   (2) or any of the following subparagraphs applies:

  (i)   the CDR data is fee - free CDR data;

  (ii)   to the extent that the fee is charged for the disclosure of chargeable CDR data--the fee purports to cover a disclosure in circumstances that are not chargeable circumstances;

  (iii)   to the extent that the fee is charged for the use of chargeable CDR data--the fee purports to cover use in circumstances that are not chargeable circumstances.

Note:   For enforcement, see Part   VI (including section   76 for an order for payment of a pecuniary penalty).

  (2)   This subsection applies if:

  (a)   any fee (the reasonable fee ):

  (i)   that has been determined under subsection   56BV(1) or (2) for the person; or

  (ii)   that can be worked out from a method determined under subsection   56BV(1) or (2) 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.