Document ID: chunk:federal_register_of_legislation:F2024C01258:clause:4_8:p7
Version: federal_register_of_legislation:F2024C01258
Segment Type: clause
Provision Reference: sch 4 cl 8 (pt 7/16)
Character Range: 455474–458300

in force from time to time and applied as if:
 (a) references to complaints were references to CDR consumer complaints; and
 (b) references to financial firms and financial service providers were references to CDR participants.
Note: Regulatory Guide 271 could in 2023 be accessed from the Australian Securities & Investments Commission's website (https://asic.gov.au).

5.2  Meeting external dispute resolution requirements—energy sector
Note: Schemes operated by the Australian Financial Complaints Authority Limited and the energy and water ombudsman of each State and Territory are recognised as external dispute resolution schemes for section 56DA of the Act.

How accredited persons and retailers meet the external dispute resolution requirements
 (1) For the energy sector, persons of the following kinds meet the external dispute resolution requirements in the circumstances indicated:
 (a) an accredited person that is not a retailer—if it is an AFCA member;
 (b) a retailer that is not an accredited person—if it is an EWO member;
 (c) an accredited person that is also a retailer, but not a limited retailer—if it is both an AFCA member and an EWO member;
 (d) an accredited person that is also a limited retailer—if it is an EWO member.

Meaning of AFCA member
 (2) In this clause, a retailer or an accredited person is an AFCA member if it is a member of the recognised external dispute resolution scheme operated by the Australian Financial Complaints Authority Limited for the energy sector.

Meaning of EWO member
 (3) In this clause, a retailer or accredited person is an EWO member if, in each relevant jurisdiction:
 (a) if the jurisdiction has an energy and water ombudsman recognised in accordance with section 56DA of the Act—the retailer is a member of the external dispute resolution scheme operated by that ombudsman in relation to CDR consumer complaints; and
 (b) otherwise—the retailer has taken the necessary steps to participate in the dispute resolution process provided by the jurisdiction that is appropriate for CDR consumer complaints.

Meaning of limited retailer
 (4) A retailer is a limited retailer if:
 (a) it uses any energy sector CDR data that it collects only in order to provide goods or services within the energy sector; and
 (b) it does not use non‑energy sector CDR data that it collects in order to provide goods or services outside the energy sector.

Part 6—Privacy safeguards―energy sector

6.1  Responding to correction request (rule 7.15)
 (1) This clause applies to a retailer that receives a request under subsection 56EP(1) or (2) of the Act that relates to AEMO data.
 (2) In relation to the AEMO data, rule 7.15 applies as if paragraphs (b) and (c) were replaced by the following:
 " (b) as soon as practicable:
 (i) initiate the relevant correction procedures under