Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 56BV

  (1)   The Commission may determine the following for a specified CDR participant for specified chargeable CDR data:

  (a)   the amount of a fee, or a method for working out the amount of a fee, that the CDR participant may charge (or cause to be charged) for either or both of the following matters (the chargeable matters ):

  (i)   the disclosure of the chargeable CDR data in chargeable circumstances because of a requirement under the consumer data rules to do so;

  (ii)   the use of the chargeable CDR data in chargeable circumstances as the result of such a disclosure;

  (b)   the specified persons who are liable to pay that fee;

if the Commission is satisfied that the fee that the CDR participant would otherwise charge (or cause to be charged) is unreasonable having regard to the criteria in subsection   (3).

  (2)   When determining an amount or method under subsection   (1), the Commission must seek to ensure that the resulting fee:

  (a)   reflects the reasonable costs (including capital costs) necessary for the CDR participant to comply with this Part and the consumer data rules in relation to the chargeable matters; and

  (b)   is reasonable having regard to the criteria in subsection   (3).

  (3)   The criteria for the purposes of subsection   (1) and paragraph   (2)(b) are:

  (a)   the matters in subparagraphs   56AD(1)(a)(i), (ii), (iv) to (vi) and (c)(ii) and (iv); and

  (b)   whether a lower fee could result in an acquisition of property (within the meaning of paragraph   51(xxxi) of the Constitution); and

  (c)   whether a lower fee would reduce the incentive to generate, collect, hold or maintain CDR data of that kind; and

  (d)   any other matters the Commission considers relevant.

  (4)   A determination under subsection   (1) specifying a class of CDR participants must be made by legislative instrument.

  (5)   A determination under subsection   (1) specifying a particular CDR participant:

  (a)   must be made by written notice given to the CDR participant; and

  (b)   is not a legislative instrument.

  (6)   A fee determined under subsection   (1) must not be such as to amount to taxation.