56BZECommission may intervene if fee for processing a valid instruction for a CDR action is unreasonable

56BZE Commission may intervene if fee for processing a valid instruction for a CDR action is unreasonable

Intervening for a class of action service providers

(1) The Commission may, by legislative instrument, determine:

(a) the amount of a fee that a specified class of action service providers for a type of CDR action may charge (or cause to be charged) for processing a valid instruction for a CDR action of that type; or

(b) a method for working out the amount of such a fee;

if subsection (3) applies for the fee and CDR actions of that type.

Intervening for a particular action service provider

(2) The Commission may, by written notice given to an action service provider for a type of CDR action, determine:

(a) the amount of a fee that the provider may charge (or cause to be charged) for processing a valid instruction for a CDR action of that type; or

(b) a method for working out the amount of such a fee;

if subsection (3) applies for the fee and CDR actions of that type.

Note: The determination is reviewable (see Subdivision F).

Conditions in order to intervene

(3) This subsection applies for a fee and a type of CDR action if:

(a) the consumer data rules have declared, as described in subsection 56BGA(2), that fees may be charged (or caused to be charged) for processing valid instructions for CDR actions of that type; and

(b) the Commission is satisfied that the fee that would otherwise be charged (or caused to be charged) is unreasonable having regard to the criteria in subsection (5).

Matters and criteria when intervening

(4) When determining an amount or method under subsection (1) or (2), the Commission must seek to ensure that the resulting fee:

(a) reflects the reasonable costs (including capital costs) necessary for the providers or provider to comply with this Part and the consumer data rules in relation to processing the valid instruction; and

(b) is reasonable having regard to the criteria in subsection (5).

(5) The criteria for the purposes of subsection (3) and paragraph (4)(b) are:

(a) the matters in subparagraphs 56AD(1)(a)(i), (ii) and (iv) to (vi); and

(b) the marginal cost of processing the valid instruction in accordance with the consumer data rules; and

(c) whether a lower fee could result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) otherwise than on just terms (within the meaning of that paragraph); and

(d) whether a lower fee would reduce the incentive to perform actions of that type; and