Document ID: chunk:federal_register_of_legislation:C2025C00189:section:56bu
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 56BU
Character Range: 789841–791480

56BU  Charging a fee in inappropriate circumstances when required to disclose CDR data
 (1) A person contravenes this subsection if:
 (a) the person is a CDR participant for CDR data; and
 (b) the person is required under the consumer data rules to disclose all or part of the CDR data; and
 (c) the person charges (or causes to be charged) a fee for either or both of the following matters:
 (i) the disclosure (or a related disclosure by a designated gateway or other CDR participant for the CDR data);
 (ii) the use of the CDR data as the result of the disclosure (or of that related disclosure); and
 (d) subsection (2) or any of the following subparagraphs applies:
 (i) the CDR data is fee‑free CDR data;
 (ii) to the extent that the fee is charged for the disclosure of chargeable CDR data—the fee purports to cover a disclosure in circumstances that are not chargeable circumstances;
 (iii) to the extent that the fee is charged for the use of chargeable CDR data—the fee purports to cover use in circumstances that are not chargeable circumstances.
Note: For enforcement, see Part VI (including section 76 for an order for payment of a pecuniary penalty).
 (2) This subsection applies if:
 (a) any fee (the reasonable fee):
 (i) that has been determined under subsection 56BV(1) or (2) for the person; or
 (ii) that can be worked out from a method determined under subsection 56BV(1) or (2) for the person;
  covers either or both of the matters in paragraph (1)(c) of this section; and
 (b) the portion of the fee charged as described in that paragraph for those matters exceeds the corresponding portion of the reasonable fee.