Commonwealth Consolidated Regulations

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COMPETITION AND CONSUMER REGULATIONS 2010 - REG 28RA

Application of privacy safeguards in the energy sector

             (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)".



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