91Subclauses 3.2(3) and (4) of Schedule 3

91  Subclauses 3.2(3) and (4) of Schedule 3

Repeal the subclauses, substitute:

 (3) For this clause:

 (a) CDR data is neither required consumer data nor voluntary consumer data at a particular time if the data is:

 (i) account data in relation to an account that is not any of the following:

 (A) an account held in the name of a single person;

 (B) a joint account;

 (C) a partnership account; or

 (ii) account data in relation to a joint account or partnership account for which any of the individuals who are account holders is less than 18 years of age at that time; or

 (iv) transaction data in relation to a transaction on any such account; or

 (v) product specific data in relation to a product relating to any such account; and

 (b) for a consumer data request made by or on behalf of a particular person, customer data in relation to any account holder or secondary user other than that person is neither required consumer data nor voluntary consumer data.

Exception to required consumer data―open accounts

 (4) Despite subclause (1), for an account that is open at a particular time, the following CDR data is not required consumer data at that time:

 (a) transaction data in relation to a transaction that occurred more than 7 years before that time;

 (b) account data that relates to an authorisation on an account for a direct debit deduction that occurred more than 13 months before that time.

Note: As a result, such CDR data would be voluntary consumer data.

Exception to required consumer data―closed accounts

 (5) Despite subclause (1), for an account that is closed at a particular time, the following CDR data is not required consumer data at that time:

 (a) account data that relates to an authorisation on an account for direct debit deductions;

 (b) where the account was closed no more than 24 months before that time―transaction data in relation to a transaction that occurred more than 12 months before the account was closed;

 (c) where the account was closed more than 24 months before that time:

 (i) account data that relates to the account; and

 (ii) transaction data that relates to any transaction on the account; and

 (iii) product specific data in relation to a product relating to any such account.

Note: As a result, such CDR data would be voluntary consumer data.