Competition and Consumer Act 2010
56BHARules about approving persons to be voluntary action service providers for types of CDR actions
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56BHA Rules about approving persons to be voluntary action service providers for types of CDR actions
(1) Without limiting paragraph 56BB(da), the consumer data rules may include the following rules:
(a) rules for the approval of persons who apply to be action service providers for one or more types of CDR actions;
(b) the criteria for a person to be so approved;
(c) rules providing that such approval may be granted subject to conditions, and that conditions may be imposed on such an approval after it has been granted;
(d) rules providing that such approvals may be granted at different levels corresponding to different risks, including the risks associated with:
(i) specified types of CDR actions; or
(ii) specified classes of CDR data; or
(iii) specified classes of applicants for such approvals;
(e) rules specifying what a person approved at a particular level is authorised to do (or not authorised to do);
(f) rules for the period, renewal, transfer, variation, suspension, revocation or surrender of such approvals;
(g) notification requirements on persons whose such approvals have been granted, renewed, transferred, varied, suspended, revoked or surrendered;
(h) rules about publishing details of such approvals, renewals, transfers, variations, suspensions, revocations or surrenders;
(i) transitional rules for when such an approval is varied, is suspended or ends, including about the disclosure, collection, use, accuracy, storage, security or deletion of CDR data;
(j) rules conferring functions or powers on the Minister for any of the matters described in this subsection.
Note: The Minister may delegate the functions or powers referred to in paragraph (j) (see section 56GAA).
(2) Without limiting paragraph (1)(b):
(a) the criteria may differ for different classes of persons; and
(b) the criteria may permit a person to be approved even if the person:
(i) is not a body corporate established by or under a law of the Commonwealth, of a State or of a Territory; and
(ii) is neither an Australian citizen, nor a permanent resident (within the meaning of the Australian Citizenship Act 2007); and
(c) the criteria may include the payment of a fee.
Any fee must not be such as to amount to taxation.
(3) Any such approval is granted on the basis that no compensation is payable if the approval is varied, transferred, suspended, revoked or surrendered in any way.
(4) Without limiting paragraph (1)(f), the grounds for varying, suspending or revoking such an approval could include failing to comply with a requirement in this Part or in the consumer data rules.