Section 56BZB — 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 purports to give a valid instruction:

(i) for the performance of a CDR action of that type; and

(ii) to an action service provider for a CDR action of that type; and

(iii) on behalf of a CDR consumer for the CDR action; and

(d) when purporting to give that instruction:

(i) there was no valid request by the consumer, made in accordance with the consumer data rules, for the giving of that instruction; or

(ii) the person had failed to comply with a requirement in the consumer data rules for giving a valid instruction for a CDR action of that type.

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

Related sections

• 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 56BZA — Accredited persons must act efficiently, honestly and fairly when initiating CDR actions 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
• s 56BZE — Commission may intervene if fee for processing a valid instruction for a CDR action is unreasonable

Research how courts apply s 56BZB

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