Document ID: chunk:federal_register_of_legislation:C2019A00063:clause:1_56bd
Version: federal_register_of_legislation:C2019A00063
Segment Type: clause
Provision Reference: sch 1 cl 56BD
Character Range: 33730–35797

56BD  Limitations for rules about CDR data for which there are CDR consumers

Only designated CDR data can be required to be disclosed
 (1) The consumer data rules can only require a disclosure of CDR data for which there are one or more CDR consumers if:
 (a) the CDR data is within a class of information specified, as described in paragraph 56AC(2)(a), in an instrument designating a sector under subsection 56AC(2); and
 (b) the disclosure is to:
 (i) one or more of those CDR consumers; or
 (ii) an accredited person; or
 (iii) a designated gateway for the CDR data.
Note 1: This means CDR data cannot be required to be disclosed if it:
(a) is not within a class specified in such an instrument; and
(b) is directly or indirectly derived from CDR data that is within a class specified in such an instrument.
Note 2: The consumer data rules can include other rules relating to this other derived CDR data.
Note 3: Voluntary disclosures of this other derived CDR data can be authorised under the consumer data rules.

No fee when fee‑free CDR data is required to be disclosed
 (2) The consumer data rules cannot allow a fee to be charged for:
 (a) the disclosure of fee‑free CDR data under rules like those described in paragraph 56BC(1)(a) or 56BG(1)(a); or
 (b) the use of fee‑free CDR data received as the result of such a disclosure.
Note: Fees may be charged for other kinds of disclosures or uses of fee‑free CDR data.

Rules affecting data holders that relate to the use, accuracy, storage, security or deletion of CDR data
 (3) For a data holder of CDR data for which there are one or more CDR consumers, the consumer data rules:
 (a) cannot include rules affecting the data holder that relate to the deletion of the CDR data; and
 (b) can only include rules affecting the data holder that relate to the use, accuracy, storage or security of the CDR data if such rules also relate to the disclosure of the CDR data under the consumer data rules.

Effect of limitations
 (4) Subsections (1), (2) and (3) apply despite any other provision of this Division.