105Transitional provisions

105  Transitional provisions

Consents

 (1) An existing consent continues in effect and, to the extent that it is a collection consent, a use consent or a disclosure consent within a category of consents in accordance with rule 1.10A of the rules, is taken to be a valid consent of that kind.

Authorisations

 (2) An existing authorisation continues in effect.

Elections relating to de-identification of data

 (3) An existing de-identification election continues in effect.

Compliance with Part 4 of Schedule 3

 (4) A particular data holder is taken to comply with the current Part 4 of Schedule 3 if the data holder:

 (a) either:

 (i) was required, before the amendment date, to comply with the former Part 4 of Schedule 3; or

 (ii) is an accredited person; and

 (b) between the amendment date and 31 October 2021, complies with the former Part 4 of Schedule 3 (as varied to the extent reasonably necessary so that it operates in accordance with these rules as amended by the amendment instrument) instead of the current Part 4 of Schedule 3.

Part 4 elections

 (5) Where the joint account holders of a joint account made a joint election for the purposes of paragraph 4.2(1)(a) of the former Part 4 of Schedule 3, that election is taken, for the purposes of paragraph 4.5(1)(a) of the current Part 4 of Schedule 3, to be an indication that the joint account holders would like the pre-approval option to apply to the account.

 (6) Subitem (5) applies in relation to an election that was made:

 (a) before the amendment date; or

 (b) in relation to a data holder relying on subitem (4)—while it was so relying.

 (7) In this item:

amendment date means the day Schedule 1 to the amendment instrument commenced.

amendment instrument means the Competition and Consumer (Consumer Data Right) Amendment Rules (No. 3) 2020.

current Part 4 of Schedule 3 means Part 4 of Schedule 3 to the rules as in force on and from the amendment date.

existing authorisation means an authorisation that:

 (a) was given under the rules before the amendment date; and

existing consent means a consent by a CDR consumer for an accredited person to collect and use the CDR consumer’s CDR data that:

 (a) was made under the rules before the amendment date; and

existing de-identification election means an election to delete redundant data that:

 (a) was given under rule 4.16 of the rules before the amendment date; and

former Part 4 of Schedule 3 means Part 4 of Schedule 3 to the rules as in force immediately before the amendment date.