Document ID: chunk:federal_register_of_legislation:F2024C01258:clause:4_4:p11
Version: federal_register_of_legislation:F2024C01258
Segment Type: clause
Provision Reference: sch 4 cl 4 (pt 11/75)
Character Range: 74966–77630

may add additional criteria for eligibility.  See also:
           for the banking sector—clause 2.1 of Schedule 3;
           for the energy sector—clause 2.1 of Schedule 4.
 (1) A CDR consumer is eligible, in relation to a particular data holder at a particular time, if, at that time:
 (a) the CDR consumer is either:
 (i) an individual who is 18 years of age or older; or
 (ii) a person who is not an individual; and
 (b) the CDR consumer is an account holder or a secondary user for an account with the data holder that is open; and
 (c) any additional criteria set by the relevant sector Schedule for this subrule are met.
 (2) A CDR consumer is also eligible, in relation to a particular data holder at a particular time, if, at that time:
 (a) the CDR consumer is a partner in a partnership for which there is a partnership account with the data holder; and
 (b) the account is open; and
 (c) any additional criteria set by the relevant sector Schedule for this subrule are met.

1.10C  Trusted advisers
 (1) An accredited person or CDR representative may invite a CDR consumer to nominate one or more persons as trusted advisers of the CDR consumer for the purposes of this rule.
 (2) A trusted adviser must belong to one of the following classes:
 (a) qualified accountants within the meaning of the Corporations Act 2001;
 (b) persons who are admitted to the legal profession (however described) and hold a current practising certificate under a law of a State or Territory that regulates the legal profession;
 (c) registered tax agents, BAS agents and tax (financial) advisers within the meaning of the Tax Agent Services Act 2009;
 (d) financial counselling agencies within the meaning of the Corporations Regulations 2001;
 (e) relevant providers within the meaning of the Corporations Act 2001 other than:
 (i) provisional relevant providers under section 910A of that Act; and
 (ii) limited‑service time‑sharing advisers under section 910A of that Act;
 (f) mortgage brokers within the meaning of the National Consumer Credit Protection Act 2009.
 (3) Where the accredited person or CDR representative has taken reasonable steps to confirm that a person nominated as a trusted adviser was, and remains, a member of a class mentioned in subrule (2), the person is taken to be a member of that class for the purposes of this rule.
 (4) The accredited person or CDR representative must not make:
 (a) the nomination of a trusted adviser; or
 (b) the nomination of a particular person as a trusted adviser; or
 (c) the giving of a TA disclosure consent;

  a condition for supply of the goods or services requested by the CDR consumer.
 (5) To avoid