Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 56EN

Disclosures by data holders

  (1)   If a data holder of CDR data is required or authorised under the consumer data rules to disclose the CDR data, the data holder must take reasonable steps to ensure that the CDR data is, having regard to the purpose for which it is held, accurate, up to date and complete.

Note:   This subsection is a civil penalty provision (see section   56EU).

Disclosures by accredited data recipients

  (2)   If an accredited data recipient of CDR data is disclosing the CDR data when:

  (a)   required under the consumer data rules to do so in response to a valid request from a CDR consumer for the CDR data; or

  (b)   otherwise required, or authorised, under the consumer data rules to do so;

the accredited data recipient must take reasonable steps to ensure that the CDR data is, having regard to the purpose for which it is held, accurate, up to date and complete.

Note 1:   This subsection is a civil penalty provision (see section   56EU).

Note 2:   The valid request referred to in paragraph   (a) could be given through a designated gateway (see section   56BG).

Disclosures by action service providers

  (2A)   If a person as an action service provider for a type of CDR action is required or authorised under the consumer data rules to disclose CDR data, the action service provider must take reasonable steps to ensure that the CDR data is, having regard to the purpose for which it is held, accurate, up to date and complete.

Note:   This subsection is a civil penalty provision (see section   56EU).

Becoming aware after disclosure that the CDR data was incorrect--advising CDR consumer

  (3)   If a person:

  (a)   makes a disclosure referred to in subsection   (1), (2) or (2A) for a CDR consumer for CDR data; and

  (b)   later becomes aware that some or all of the CDR data was incorrect when it was disclosed because, having regard to the purpose for which it was held, it was inaccurate, out of date or incomplete;

the person must advise the CDR consumer accordingly in accordance with the consumer data rules.

Note:   This subsection is a civil penalty provision (see section   56EU).

Becoming aware after disclosure that the CDR data was incorrect--disclosing corrected CDR data

  (4)   A person, who is required by subsection   (3) to advise a CDR consumer for CDR data that some or all of the CDR data was incorrect when it was earlier disclosed, must:

  (a)   correct the CDR data; and

  (b)   disclose the corrected CDR data, in accordance with the consumer data rules, to the recipient of the earlier disclosure;

if the person:

  (c)   is requested to do so by the CDR consumer in accordance with the consumer data rules; or

  (d)   is required to do so by the consumer data rules.

Note:   This subsection is a civil penalty provision (see section   56EU).

  (4A)   Subsection   (4) does not apply in the circumstances specified in the consumer data rules.

Purpose for which the CDR data was held

  (5)   When working out the purpose for which the CDR data is or was held, disregard the purpose of holding the CDR data so that it can be disclosed as required under the consumer data rules.

Note:   This subsection is relevant for subsections   (1), (2) and (2A) and paragraph   (3)(b).