(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) 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.