Competition and Consumer Act 2010

Without limiting paragraph 56BB(da), the consumer data rules may include the following rules:

rules for the approval of persons who apply to be action service providers for one or more types of CDR actions;

the criteria for a person to be so approved;

rules providing that such approval may be granted subject to conditions, and that conditions may be imposed on such an approval after it has been granted;

rules providing that such approvals may be granted at different levels corresponding to different risks, including the risks associated with:

specified types of CDR actions; or

specified classes of CDR data; or

specified classes of applicants for such approvals;

rules specifying what a person approved at a particular level is authorised to do (or not authorised to do);

rules for the period, renewal, transfer, variation, suspension, revocation or surrender of such approvals;

notification requirements on persons whose such approvals have been granted, renewed, transferred, varied, suspended, revoked or surrendered;

rules about publishing details of such approvals, renewals, transfers, variations, suspensions, revocations or surrenders;

transitional rules for when such an approval is varied, is suspended or ends, including about the disclosure, collection, use, accuracy, storage, security or deletion of CDR data;

rules conferring functions or powers on the Minister for any of the matters described in this subsection.

The Minister may delegate the functions or powers referred to in paragraph (j) (see section 56GAA).

Without limiting paragraph (1)(b):

the criteria may differ for different classes of persons; and

the criteria may permit a person to be approved even if the person:

is not a body corporate established by or under a law of the Commonwealth, of a State or of a Territory; and

is neither an Australian citizen, nor a permanent resident (within the meaning of the Australian Citizenship Act 2007); and

the criteria may include the payment of a fee.

Any such approval is granted on the basis that no compensation is payable if the approval is varied, transferred, suspended, revoked or surrendered in any way.

Without limiting paragraph (1)(f), the grounds for varying, suspending or revoking such an approval could include failing to comply with a requirement in this Part or in the consumer data rules.

The requirements in this Part include the privacy safeguards.

An example of a variation could be the imposition of a condition, or changing the level of an approval.

If the consumer data rules include rules enabling decisions to be made:

to grant, vary, suspend or revoke such an approval; or

to refuse to make a decision described in paragraph (a);

The consumer data rules can also provide for internal review of these decisions, and internal and ART review of other decisions (see section 56BJ).

Without limiting paragraph (1)(h), the rules may provide that:

a person able to make any of the kinds of decisions described in subsection (5) may supply to another person a copy or extract that:

is from a publication of details described in paragraph (1)(h), where those details are matters of fact; and

is certified by the person to be a true copy or a true extract (as applicable); and

such a certified copy or extract (the certificate) is admissible in any proceedings as prima facie evidence of the original; and

the certificate must not be admitted in evidence in proceedings relating to a person unless:

the person; or

a barrister or solicitor who is representing the person in the proceedings;