Document ID: chunk:federal_register_of_legislation:F2020L01688:clause:1_49
Version: federal_register_of_legislation:F2020L01688
Segment Type: clause
Provision Reference: sch 1 cl 49
Character Range: 64058–66702

49  At the end of Part 5
Add:

5.33  Temporary restriction on use of the Register in relation to data holder
 (1) The Accreditation Registrar may take steps to prevent the Register of Accredited Persons and associated database from being used to make consumer data requests to a data holder, for a period of up to 10 days, if the Accreditation Registrar reasonably believes it is necessary to do so in order to ensure the security, integrity and stability of the Register or associated database.
 (2) The steps taken by the Accreditation Registrar may include amending the information in the associated database relating to a data holder that is used to facilitate the making and processing of requests.
 (3) Before, or as soon as practicable after, taking steps under subrule (1), the Accreditation Registrar must:
 (a) inform the data holder of the steps to be taken, or that have been taken; and
 (b) give the data holder a reasonable opportunity to be heard in relation to the matter.
 (4) Despite anything else in these rules, a data holder is not required to disclose CDR data in response to a request, where responding to the request would require the data holder to use the Register of Accredited Persons or associated database in a way that is not available to the data holder at that time by reason of steps taken under this rule.

5.34  Temporary direction to refrain from processing consumer data requests
 (1) The Accreditation Registrar may, by written notice:
 (a) direct an accredited person not to make consumer data requests; or
 (b) direct a data holder not to respond to consumer data requests;

  for a period of up to 10 days, if the Accreditation Registrar reasonably believes it is necessary to do so in order to ensure the security, integrity and stability of the Register or associated database.
 (2) The notice must specify:
 (a) whether the direction applies to all consumer data requests or to requests made to a particular data holder or by a particular accredited person; and
 (b) the period of application.
 (3) Before, or as soon as practicable after, giving a direction, the Accreditation Registrar must give the accredited person or data holder a reasonable opportunity to be heard in relation to the matter.
 (4) Despite anything else in these rules:
 (a) an accredited person must not make a consumer data request contrary to a direction it has received under this rule; and
 (b) a data holder must not disclose CDR data in response to a consumer data request contrary to a direction it has received under this rule.
  Civil penalty:
 (a) for an individual―$50,000; and
 (b) for a body corporate―$250,000.