Commonwealth Consolidated Regulations

COMPETITION AND CONSUMER REGULATIONS 2010 - REG 28RA

  (1)   This regulation is made for the purposes of section   56GE (exemptions and modifications) of the Act.

  (2)   AEMO is exempt:

  (a)   in relation to CDR data held by AEMO, from the following provisions of the Act:

  (i)   section   56ED (Privacy safeguard 1--open and transparent management of CDR data);

  (ii)   section   56EN (Priva cy safeguard 11--quality of CDR data);

  (iii)   section   56EP (Privacy safeguard 13--correction of CDR data); and

  (b)   in relation to CDR data held by AEMO that AEMO discloses to an energy retailer as required or permitted by the Act, from section   56EM (Privacy safeguard 10--notifying of the disclosure of CDR data) of the Act.

  (3)   The following provisions:

  (a)   section   56ED (Privacy safeguard 1--open and transparent management of CDR data) of the Act;

  (b)   section   56EM (Privacy safeguard 10--notifying of the disclosure of CDR data) of the Act;

  (c)   any other provision (except subsection   56BD(3) of the Act) covered by paragraph   56GE(1)(a) or (b) of the Act, to the extent that the other provision affects, or is affected by, the operation of a provision referred to in paragraph   (a) or (b) of this subregulation;

apply in relation to energy retailers, in relation to CDR data held by AEMO that AEMO has disclosed to an energy retailer as required or permitted by the Act, as if those provisions were varied so that they apply to such CDR data in the same way as they apply to CDR data of which the retailer is a data holder because of the energy sector designation.

  (4)   The following provisions:

  (a)   section   56EP (Privacy safeguard 13--correction of CDR data) of the Act;

  (b)   any other provision (except subsection   56BD(3) of the Act) covered by paragraph   56GE(1)(a) or (b) of the Act, to the extent that the other provision affects, or is affected by, the operation of section   56EP of the Act;

apply in relation to energy retailers, in relation to CDR data held by AEMO that AEMO has disclosed to an energy retailer as required or permitted by the Act, as if:

  (c)   those provisions were varied so that they apply to such CDR data in the same way as they apply to CDR data of which the retailer is a data holder because of the energy sector designation; and

  (d)   section   56EP of the Act were modified by omitting from subsection   56EP(1) "to deal with each of the matters in subsection   (3)".

Review

  (5)   The Minister must cause a review of the operation of this regulation to be undertaken within the period of 10 years after the commencement of the regulation.

  (6)   The persons undertaking the review must give the inister a written report of the review as soon as possible after the review is completed.

  (7)   The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

Repeal

  (8)   Subregulations (5), (6), (7) and (8) are repealed on 30   June 2032.