Document ID: chunk:federal_register_of_legislation:F2024C01258:clause:4_8:p4
Version: federal_register_of_legislation:F2024C01258
Segment Type: clause
Provision Reference: sch 4 cl 8 (pt 4/16)
Character Range: 448084–450593

consumer.
Note 2: So long as the CDR consumer is eligible to make a consumer data request in relation to a particular data holder, they will be able to make or cause to be made a consumer data request that relates to any account they have with the data holder, including closed accounts (subject to subclauses (4) and (5)).
Note 3: A person is not a data holder of CDR data that was held by or on behalf of them before the earliest holding day (see paragraph 56AJ(1)(b) of the Act). Accordingly, such data cannot be requested under these rules.
 (3) For these rules, subject to this clause, voluntary consumer data, in relation to the energy sector, means CDR data for which there are one or more CDR consumers that:
 (a) is energy sector data; and
 (b) relates to a time at which an account holder for the account was associated with the premises to which the request relates; and
 (c) is not required consumer data.
 (4) In this clause:
 (a) CDR data is neither required consumer data nor voluntary consumer data at a particular time if the data is:
 (i) account data, billing data or tailored tariff data in relation to an account that is not any of the following:
 (A) an account held in the name of a single person;
 (B) a joint account;
 (C) a partnership account; or
 (ii) account data, billing data or tailored tariff data in relation to a joint account or partnership account for which any of the individuals who are account holders is less than 18 years of age at that time; or
 (iii) AEMO data in relation to any such account; and
 (b) CDR data is neither required consumer data nor voluntary consumer data in relation to a consumer data request made by or on behalf of a particular person if the data is:
 (i) customer data in relation to any account holder or secondary user other than that person; or
 (ii) AEMO data in relation to premises other than premises covered by the relevant arrangement at the time to which the data relates.
 (5) In this clause, energy sector data is neither required consumer data nor voluntary consumer data in relation to a data holder that is not a retailer or AEMO.
Note: The effect of this provision is that an accredited person who becomes a data holder in relation to energy sector CDR data by the operation of subsection 56AJ(3) of the Act is not required to respond to a consumer data request for the data.

Exception to required consumer data―open accounts
 (6) Despite subclause (2), for an account that is open at a particular time, CDR data that relates