Competition and Consumer Act 2010

A person contravenes this subsection if:

the person is a CDR participant for CDR data; and

the person is required under the consumer data rules to disclose all or part of the CDR data; and

the person charges (or causes to be charged) a fee for either or both of the following matters:

the disclosure (or a related disclosure by a designated gateway or other CDR participant for the CDR data);

the use of the CDR data as the result of the disclosure (or of that related disclosure); and

subsection (2) or any of the following subparagraphs applies:

the CDR data is fee‑free CDR data;

to the extent that the fee is charged for the disclosure of chargeable CDR data—the fee purports to cover a disclosure in circumstances that are not chargeable circumstances;

to the extent that the fee is charged for the use of chargeable CDR data—the fee purports to cover use in circumstances that are not chargeable circumstances.

For enforcement, see Part VI (including section 76 for an order for payment of a pecuniary penalty).

This subsection applies if:

any fee (the reasonable fee):

that has been determined under subsection 56BV(1) or (2) for the person; or

that can be worked out from a method determined under subsection 56BV(1) or (2) for the person;

the portion of the fee charged as described in that paragraph for those matters exceeds the corresponding portion of the reasonable fee.