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COMPETITION AND CONSUMER ACT 2010 - SECT 58DD

Scheme operator to report to SPF regulators

Referring contraventions, failures and systemic issues

  (1)   If the operator of an SPF EDR scheme for a regulated sector becomes aware that:

  (a)   a serious contravention of any law may have occurred in connection with a complaint under the scheme; or

  (b)   a party to a complaint under the scheme may have failed to give effect to a determination by the operator relating to the complaint; or

  (c)   there is a systemic issue arising from the consideration of complaints under the scheme;

the operator must give particulars of the contravention, failure or issue to the SPF general regulator and to the SPF sector regulator for the sector.

Referring settled complaints

  (2)   If:

  (a)   the parties to a complaint made under an SPF EDR scheme for a regulated sector agree to a settlement of the complaint; and

  (b)   the operator of the scheme thinks the settlement may require investigation;

the operator may give particulars of the settlement to the SPF general regulator and to the SPF sector regulator for the sector.

De - identifying any SPF personal information

  (3)   If any SPF personal information is to be given under subsection   (1) or (2) by the operator of the scheme, the operator must de - identify the information unless the operator reasonably believes that doing so would not achieve the object of this Part.



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