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

(1) A contract is taken to be in force between:

(a) a data holder of CDR data to which a binding data standard applies; and

(b) each accredited person;

under which each of those persons:

(c) agrees to observe the standard to the extent that the standard applies to the person; and

(d) agrees to engage in conduct that the person is required by the standard to engage in.

Note: This means the data holder will be taken to have a separate contract with each accredited person.

(2) If there is a designated gateway for CDR data to which a binding data standard applies, a contract is taken to be in force between:

(a) a data holder of the CDR data; and

(b) the designated gateway for the CDR data; and

(c) each accredited person;

under which each of those persons:

(d) agrees to observe the standard to the extent that the standard applies to the person; and

(e) agrees to engage in conduct that the person is required by the standard to engage in.

Note: This means the data holder will be taken to have a separate 3‑party contract with the designated gateway and each accredited person.

(2A) A contract is taken to be in force between:

(a) an action service provider for a type of CDR action to which a binding data standard applies; and

(b) each accredited action initiator for a CDR action of that type;

under which each of those persons:

(c) agrees to observe the standard to the extent that the standard applies to the person; and

(d) agrees to engage in conduct that the person is required by the standard to engage in.

Note: This means the action service provider will be taken to have a separate contract with each of those accredited action initiators.

(3) However, if there is an inconsistency between a data standard, and the consumer data rules, those rules prevail over the standard to the extent of the inconsistency.

Related sections

• s 56FA — Making data standards
• s 56FB — What data standards can set out etc.
• s 56FC — Data standards must be published
• s 56FE — Enforcement of binding data standards
• s 56FF — Data Standards Chair
• s 56FG — Appointment of the Data Standards Chair

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