Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 56FD

             (1)  A contract is taken to be in force between:

                     (a)  a data holder of CDR data to which a binding data standard applies; and

                     (b)  each accredited person;

under which each of those persons:

                     (c)  agrees to observe the standard to the extent that the standard applies to the person; and

                     (d)  agrees to engage in conduct that the person is required by the standard to engage in.

Note:          This means the data holder will be taken to have a separate contract with each accredited person.

             (2)  If there is a designated gateway for CDR data to which a binding data standard applies, a contract is taken to be in force between:

                     (a)  a data holder of the CDR data; and

                     (b)  the designated gateway for the CDR data; and

                     (c)  each accredited person;

under which each of those persons:

                     (d)  agrees to observe the standard to the extent that the standard applies to the person; and

                     (e)  agrees to engage in conduct that the person is required by the standard to engage in.

Note:          This means the data holder will be taken to have a separate 3-party contract with the designated gateway and each accredited person.

             (3)  However, if there is an inconsistency between a data standard, and the consumer data rules, those rules prevail over the standard to the extent of the inconsistency.