Document ID: chunk:federal_register_of_legislation:C2024A00075:clause:1_56bga:p2
Version: federal_register_of_legislation:C2024A00075
Segment Type: clause
Provision Reference: sch 1 cl 56BGA (pt 2/3)
Character Range: 21194–23860

need to be consistent with those safeguards (see subsections 56EC(1) and (2)).

Allowing providers to charge fees at the instruction layer
 (2) Without limiting paragraph 56BB(ca), the consumer data rules may include rules declaring that action service providers for a type of CDR action may charge (or cause to be charged) fees for processing valid instructions of the kind described in paragraph (1)(a) for CDR actions of that type.
Note 1: The action service providers will not be able to charge fees for processing valid instructions in the absence of such a declaration (see subsection 56BZD(1) and paragraph 56BZD(2)(a)).
Note 2: This subsection has no effect on what fees the providers decide to charge at the action layer for performing the CDR actions.

Authorised disclosures or use of related CDR data in accordance with valid consents
 (3) Without limiting paragraph 56BB(ca), the consumer data rules may include the following rules:
 (a) rules authorising a CDR action participant to disclose all or part of specified CDR data to a person in accordance with a valid consent of a CDR consumer for the CDR data;
 (b) rules authorising a person to use CDR data in accordance with a valid consent of a CDR consumer for the CDR data;
 (c) rules about:
 (i) how a CDR consumer for the CDR data may make a valid consent of the kind described in paragraph (a) or (b); and
 (ii) what must be included in a consent for it to be valid, what disclosures, uses or other matters a valid consent may cover, and when a consent ceases to be a valid consent.

Rules must not apply at the action layer
 (4) Despite any other provision of this Division, the consumer data rules cannot include rules requiring an action service provider for a type of CDR action to perform (or not perform) a CDR action of that type in a particular way.
Note 1: The consumer data rules focus on the instruction layer not the action layer.
Note 2: The action service provider will need to ensure it does not discriminate against a valid instruction given under the consumer data rules (see sections 56BZC and 56BZD).

Rules affecting CDR action participants that relate to the use, accuracy, storage, security or deletion of CDR data
 (5) For CDR data that:
 (a) is information referred to in paragraph (1)(d), or is directly or indirectly derived from other information referred to in that paragraph; and
 (b) is disclosed to a CDR action participant under the consumer data rules (whether the disclosure is directly or indirectly from the accredited action initiator referred to in that paragraph);
the consumer data rules can include rules affecting that CDR action participant that relate