Document ID: chunk:federal_register_of_legislation:F2024C01258:clause:4_4:p70
Version: federal_register_of_legislation:F2024C01258
Segment Type: clause
Provision Reference: sch 4 cl 4 (pt 70/75)
Character Range: 223182–226225

is specified in a designation instrument.
Note 1:  For paragraph (c), see rule 1.7 for the meaning of "addresses for service". The physical address for service could be a registered office (within the meaning of the Corporations Act 2001).
Note 2:  For paragraph (c), changes to the addresses for service must be notified in accordance with paragraph 5.14(1)(c). Documents may be served on an applicant in accordance with regulation 12 of the Competition and Consumer Regulations 2010 by the Commission, or in accordance with section 28A of the Acts Interpretation Act 1901 and section 9 of the Electronic Transactions Act 1999.

Subdivision 5.2.2—Consideration of application to be accredited person

5.3  Data Recipient Accreditor may request further information
 (1) The Data Recipient Accreditor may request that the accreditation applicant provide further information to support the application.
 (2) Without limiting subrule (1), the Data Recipient Accreditor may request the further information:
 (a) in writing; or
 (b) in an interview with the Data Recipient Accreditor; or
 (c) by phone, email, videoconferencing or any other form of electronic communication.
Note: If the accreditation applicant does not provide the further information as requested under this rule, the Data Recipient Accreditor might not be in a position to be satisfied, under section 56CA of the Act, that the applicant meets the criteria for accreditation.

5.4  Data Recipient Accreditor may consult
 (1) When making a decision under this Part, the Data Recipient Accreditor may consult with:
 (a) other Commonwealth, State or Territory authorities as relevant, including, but not limited to:
 (i) the Information Commissioner; and
 (ii) the Australian Securities and Investments Commission; and
 (iii) the Australian Prudential Regulation Authority; and
 (iv) the Australian Financial Complaints Authority Limited; and
 (b) similar authorities of foreign jurisdictions; and
 (c) an authority specified for the purposes of this rule in a sector Schedule.
 (2) The functions of the Australian Prudential Regulation Authority include providing the Data Recipient Accreditor with advice or assistance if consulted in accordance with this rule.
 (3) The Australian Securities and Investments Commission may disclose information as reasonably necessary in order to provide the Data Recipient Accreditor with advice or assistance if consulted in accordance with this rule.

5.5  Criteria for accreditation
Note: Under subsection 56CA(1) of the Act, the Data Recipient Accreditor may, in writing, accredit a person if the Data Recipient Accreditor is satisfied that the person meets the criteria for accreditation specified in the consumer data rules.
  The criterion for accreditation is that the accreditation applicant:
 (a) would, if accredited, be able to comply with the obligations set out in rule 5.12; or
 (b) where a sector Schedule sets out criteria for streamlined accreditation in relation to the relevant designated sector―meets those criteria.
Note 1: