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

A person contravenes this section if:

(a) the person is an accredited person; and

(b) the person’s accreditation authorises the person to initiate a type of CDR action; and

(c) the person engages in conduct that includes:

(i) proposing to a potential CDR consumer for a CDR action of that type that the person give a valid instruction under the consumer data rules for the performance of the CDR action; or

(ii) giving a valid instruction under the consumer data rules for the performance of a CDR action of that type; and

(d) the person fails to act efficiently, honestly and fairly in relation to a matter described in subparagraph (c)(i) or (ii).

Note: For enforcement, see Part VI (including section 76 for an order for payment of a pecuniary penalty).

Related sections

• s 56BTA — Other matters
• s 56BU — Charging a fee in inappropriate circumstances when required to disclose CDR data
• s 56BV — Commission may intervene if fee for disclosing or using chargeable CDR data is unreasonable etc.
• s 56BZB — Accredited persons must only initiate CDR actions in accordance with CDR consumers’ valid requests etc.
• s 56BZC — No discrimination against CDR action instructions—service provider fails to perform CDR actions when it ordinarily performs actions of that type
• s 56BZD — No discrimination against CDR action instructions—service provider’s fees relating to CDR actions

Research how courts apply s 56BZA

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.