Document ID: chunk:federal_register_of_legislation:F2024C01258:clause:4_8:p11
Version: federal_register_of_legislation:F2024C01258
Segment Type: clause
Provision Reference: sch 4 cl 8 (pt 11/16)
Character Range: 464857–467462

of the following:
 (i) required product data;
 (ii) voluntary product data;
 (iii) required consumer data;
 (iv) voluntary consumer data; and
 (c) the requested CDR data includes some pre‑application CDR data.
 (2) For these rules, the retailer may disclose any or all of the pre‑application CDR data in response to the request in accordance with the relevant data request Part.
 (3) In this clause, pre‑application CDR data means CDR data that, but for the operation of this Part, the data holder would be required or authorised by the relevant data request Part to disclose in response to the request.

Part 9—Other rules, and modifications of these rules, for the energy sector

9.1  Laws relevant to the management of CDR data—energy sector
  For paragraph (f) of the definition of "law relevant to the management of CDR data" in rule 1.7 of these rules:
 (a) the National Electricity Law; and
 (b) the National Energy Retail Law; and
 (c) the Electricity Industry Act 2000 (Vic);
  are laws relevant to the management of CDR data in relation to the energy sector.

9.2  Conditions for accredited person to be data holder
 (1) For paragraph 56AJ(4)(c) of the Act, this clause sets out conditions for a person that has collected CDR data in accordance with a consumer data request under Division 4.3 of these rules to be a data holder (rather than an accredited data recipient) of that CDR data and any CDR data that it directly or indirectly derived from that CDR data (together, the relevant CDR data).
 (2) The conditions are that:
 (a) the person is a retailer; and
 (b) the CDR data is information covered by item 1, 3 or 5 of the table in section 12 of the of the energy sector designation instrument; and
Note: These are the types of information for which a retailer is designated as a data holder under the designation instrument.
 (c) the CDR consumer is a customer of the person; and
 (d) the person:
 (i) reasonably believes that the relevant CDR data is relevant to the arrangement with the CDR consumer; and
 (ii) has asked the CDR consumer to agree to the person being a data holder, rather than an accredited data recipient, of the relevant CDR data; and
 (iii) has explained to the CDR consumer:
 (A) that, as a result, the privacy safeguards, to the extent that they apply to an accredited data recipient of CDR data, would no longer apply to the person in relation to the relevant CDR data; and
 (B) that the privacy safeguards applicable to a data holder will instead apply to the person in relation to the relevant CDR data; and
 (C) the manner in which the person proposes to treat