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

(1) The Data Standards Chair may, by writing, make one or more data standards about each of the following matters:

(a) the format and description of CDR data;

(b) the disclosure of CDR data;

(c) the collection, use, accuracy, storage, security and deletion of CDR data;

(d) de‑identifying CDR data, including so that it no longer relates to:

(i) an identifiable person; or

(ii) a person who is reasonably identifiable;

(da) the format and description of a valid instruction for the performance of a type of CDR action;

(db) the giving of a valid instruction for the performance of a type of CDR action;

(e) other matters prescribed by the regulations.

Note: For variation and repeal, see subsection 33(3) of the Acts Interpretation Act 1901.

Complying with consumer data rules when making standards etc.

(2) The Data Standards Chair must comply with the consumer data rules when:

(a) making a data standard; or

(b) varying or revoking a data standard;

including complying with any related requirements specified in those rules about approval, consultation and the formation of committees, advisory panels and consultative groups.

Note: The rules could, for example, require a proposed data standard to be approved by the Commission before it is made.

(3) Without limiting subsection (2), the Data Standards Chair must:

(a) make, under subsection (1), a data standard about a particular matter mentioned in subsection (1) if the consumer data rules so requires; and

(b) specify in that data standard that it is binding if the consumer data rules so requires.

A data standard is a binding data standard if it is made under subsection (1) in accordance with paragraph (b) of this subsection.

Data standards are not legislative instruments

(4) A data standard made under subsection (1) is not a legislative instrument.

Related sections

• s 56EX — Injunctions
• s 56EY — Actions for damages
• s 56EZ — Delegation to the Commission etc.
• s 56FB — What data standards can set out etc.
• s 56FC — Data standards must be published
• s 56FD — Legal effect of data standards

Research how courts apply s 56FA

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