Section 56BP — Competition and Consumer Act 2010 (Cth)

Before making consumer data rules under subsection 56BA(1), the Minister must:

(a) consider the kinds of matters referred to in paragraphs 56AD(1)(a) and (b) in relation to the making of the rules; and

(aa) consider the following kinds of matters in relation to making a rule described in subsection 56BGA(2) (about fees at the instruction layer) for a type of CDR action:

(i) whether performers of actions of that type currently charge fees for processing instructions to perform such actions;

(ii) whether the incentive to perform actions of that type would be reduced if fees could not be charged for processing such instructions;

(iii) the marginal cost of processing such instructions in accordance with the consumer data rules; and

(b) be satisfied that the Secretary of the Department has complied with section 56BQ in relation to the making of the rules; and

(c) wait at least 60 days after the day public consultation begins under paragraph 56BQ(b) about the making of the rules.

Related sections

• s 56BM — Infringement notices
• s 56BN — Misleading or deceptive conduct—offence
• s 56BO — Misleading or deceptive conduct—civil penalty
• s 56BQ — Secretary must arrange for consultation and report before the rules are made
• s 56BR — Commission and Information Commissioner must analyse the proposed rules
• s 56BS — Emergency rules: public consultation not required etc.

Research how courts apply s 56BP

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