Schedule 3—Provisions relevant to the banking and non-bank lenders sectors
Part 1—Preliminary
Division 1.1—Simplified outline
1.1 Simplified outline of this Schedule
This Schedule deals with how these rules apply in relation to the banking sector and non-bank lenders sector (NBL sector).
Part 1 of this Schedule excludes certain data holders in the banking sector and NBL sector from the application of these rules, and defines certain terms relevant to those sectors.
Part 2 of this Schedule deals with eligible CDR consumers in relation to the banking sector and NBL sector.
Part 3 of this Schedule deals with CDR data that may or must be disclosed when product data requests and consumer data requests are made in relation to the banking sector and NBL sector.
Part 5 of this Schedule deals with dispute resolution requirements in relation to the banking sector and NBL sector.
Part 6 of this Schedule deals with the staged application of these rules to the NBL sector. Over time, as set out in that Part, these rules will apply to a progressively broader range of data holders and types of requests in relation to that sector. Part 6 also affects the application of these rules to the banking sector in some respects.
Part 7 of this Schedule sets out modifications of these rules, and also deals with other, miscellaneous matters, in relation to the banking sector and NBL sector.
Part 8 of this Schedule makes certain modifications to the operation of these rules in cases where an entity moves from the NBL sector to the banking sector.
Division 1.2—Application of these rules in relation to the banking and NBL sectors
1.1A Application of these rules
These rules do not apply in respect of any of the following kinds of data holder in the banking sector or the NBL sector (an excluded data holder):
(a) a data holder that is a body corporate, if the body:
(i) is a registered religious body; and
(ii) offers a covered product or products in advancing its charitable purposes;
(b) a data holder that is:
(i) a foreign ADI for the purposes of the Banking Act 1959; or
(ii) a foreign branch of an Australian ADI; or
(iii) a restricted ADI.
Division 1.3—Definitions
1.2 Definitions
In this Schedule:
account data has the meaning given by clause 1.3 of this Schedule.
accounting standard means an accounting standard made under section 334 of the Corporations Act 2001.
banking business has the meaning given by the banking sector designation instrument.
Division Division 6.4 - Competition and Consumer (Consumer Data Right) Rules 2020 - Application to trial products | Zoe
banking sector means the sector of the Australian economy that is designated by the banking sector designation instrument.
banking sector data means CDR data covered by the banking sector designation instrument.
banking sector designation instrument means the Consumer Data Right (Authorised Deposit‑Taking Institutions) Designation 2019.
covered product has the meaning given by clause 1.4 of this Schedule.
customer data has the meaning given by clause 1.3 of this Schedule.
excluded data holder has the meaning given by clause 1.1A of this Schedule.
NBL sector, or non-bank lenders sector, means the sector of the Australian economy that is designated by the NBL sector designation instrument.
NBL sector data means CDR data covered by the NBL sector designation instrument.
NBL sector designation instrument means the Consumer Data Right (Non-Bank Lenders) Designation 2022.
product has the meaning given by the banking sector designation instrument or the NBL sector designation instrument, as applicable.
product specific data has the meaning given by clause 1.3 of this Schedule.
registered religious body means an entity that is:
(a) registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act; and
(b) registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the subtype of entity mentioned in column 2 of item 4 of the table in subsection 25‑5(5) of that Act.
relevant non-bank lender has the meaning given by the NBL sector designation instrument.
transaction data has the meaning given by clause 1.3 of this Schedule.
1.3 Meaning of customer data, account data, transaction data and product specific data
(1) A term listed in column 1 of an item in the following table has the meaning set out in column 2 of that item.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="text-align:center"><span>Meaning of </span><span style="font-style:italic">customer data</span><span>, </span><span style="font-style:italic">account data</span><span>, </span><span style="font-style:italic">transaction data </span><span>and </span><span style="font-style:italic">product specific</span><span style="font-weight:normal; font-style:italic"> </span><span style="font-style:italic">data</span></p></td></tr><tr><td style="width:5.12%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span></span></p></td><td style="width:23.74%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:71.14%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td></tr></thead><tbody><tr><td style="width:5.12%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:23.74%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold; font-style:italic">customer data</span><span>, in relation to a person and a covered product supplied by a data holder</span></p></td><td style="width:71.14%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tablea"><span>(a) means information that identifies or is about the person; and</span></p><p class="Tablea"><span>(b) includes:</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(i) </span><span></span><span>the person’s name; and</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(ii) </span><span></span><span>the person’s contact details, including their telephone number, email address and physical address; and</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(iii) any information that the person provided at the time of acquiring the product, and relates to their eligibility to acquire the product; and</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(iv) if the person operates a business—the person’s business name and </span><a id="_Hlk115451000"><span>ABN, </span></a><span>the type of business, its date of establishment, the organisation type (for example, a sole trader, partnership or corporation), and whether the business is a charitable or not</span><span>‑</span><span>for</span><span>‑</span><span>profit organisation; and</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(v) </span><span></span><span>if the person is a corporation—the person’s ACN (within the meaning of the </span><span style="font-style:italic">Corporations Act 2001</span><span>) if any, and the date and country of registration of the corporation; and</span></p><p class="Tablea"><span>(c) if the person is an individual―does </span><span style="font-style:italic">not</span><span> include the person’s date of birth; and</span></p><p class="Tablea"><span>(d) does </span><span style="font-style:italic">not</span><span> include:</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(i) </span><span></span><span>financial hardship information within the meaning of subsection 6QA(4) of the </span><span style="font-style:italic">Privacy Act 1988</span><span>; or</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(ii) </span><span></span><span>repayment history information within the meaning of subsection 6V(1) of that Act;</span></p><p class="Tablea" style="margin-top:0pt"><span></span><span>where the information was disclosed by or to a credit reporting body within the meaning of that Act</span><span style="font-style:italic">.</span></p></td></tr><tr><td style="width:5.12%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:23.74%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold; font-style:italic">account data</span><span>, in relation to an account that is, or is for, a covered product supplied by a data holder</span></p></td><td style="width:71.14%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tablea"><span>(a) means information that identifies or is about the operation of the account; and</span></p><p class="Tablea"><span>(b) includes:</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(i) </span><span></span><span>the account number, unless it is masked (whether as required by law or in accordance with any applicable standard or industry practice); and</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(ii) </span><span></span><span>the account name; and</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(iii) the account balance; and</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(iv) details of any authorisations on the account, including authorisations for direct debit deductions, and scheduled payments (for example, regular payments, payments to billers and international payments); and</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(v) </span><span></span><span>any details of payees stored with the account, such as those entered by the customer in a payee address book.</span></p></td></tr><tr><td style="width:5.12%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:23.74%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold; font-style:italic">transaction data</span><span>, in relation to a particular transaction on an account that is, or is for, a covered product supplied by a data holder</span></p></td><td style="width:71.14%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tablea"><span>(a) means information that identifies or describes the characteristics of the transaction; and</span></p><p class="Tablea"><span>(b) includes all of the following:</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(i) </span><span></span><span>the date on which the transaction occurred;</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(ii) </span><span></span><span>any identifier for the counter-party to the transaction;</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(iii) if the counter-party is a merchant—any information provided by the merchant in relation to the transaction;</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(iv) the amount debited from or credited to the account pursuant to the transaction;</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(v) </span><span></span><span>any description of the transaction;</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(vi) how the transaction would be ordinarily characterised in the sector (for example, a debit, a credit, a fee or interest).</span></p></td></tr><tr><td style="width:5.12%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:23.74%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold; font-style:italic">product specific data</span><span>, in relation to a covered product supplied by a data holder</span></p></td><td style="width:71.14%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tablea"><span>(a) means information that identifies or describes the characteristics of the covered product; and</span></p><p class="Tablea"><span>(b) includes all of the following information about the covered product:</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(i)</span><span> </span><span></span><span>its type;</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(ii) </span><span></span><span>its name;</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(iii) its price, including fees, charges and interest rates (however described);</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(iv) the features, and any associated benefits of the product (such as discounts and bundles);</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(v) </span><span></span><span>any terms and conditions applicable to the product;</span></p><p class="Tablei" style="margin-left:44.2pt; text-indent:-17pt"><span>(vi) any customer eligibility requirements.</span></p></td></tr></tbody></table>
(2) For the purposes of subparagraph (b)(iv) of column 2 of item 2, details of authorisations for direct debit deductions include, to the extent available:
(a) any identifier for the counter-party that is authorised to debit the account; and
(b) the dates and amounts of any debits the counter-party has made.
1.4 Meaning of covered product
(1) A product of a kind specified in column 2 of an item of the table below (however described) is a covered product for a sector specified in column 1 of that item if:
(a) the product is publicly offered by or on behalf of a data holder in that sector; and
(b) the product is offered to customers by way of standard form contracts.
Note: For paragraph (b), section 27 of the Australian Consumer Law sets out matters that a court may take into account when determining whether a contract is a standard form contract.
(2) A product need not be available to all members of the public in order to be publicly offered.
Note: A product may be offered subject to eligibility requirements. For instance, it may be available only to a person operating a particular type of business. This does not prevent it from being “publicly offered” if it would otherwise fall within the ordinary meaning of that term.
<table cellspacing="0" cellpadding="0" style="width:415.6pt; margin-left:5.65pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:404.8pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="text-align:center"><span>Products that may be </span><span style="font-style:italic">covered products</span></p></td></tr><tr><td style="width:26.1pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:138.05pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1: Sector</span></p></td><td style="width:219.05pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2: Products</span></p></td></tr></thead><tbody><tr><td style="width:26.1pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:138.05pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Banking and NBL sectors</span></p></td><td style="width:219.05pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tablea"><span>(a) a personal credit or charge card account;</span></p><p class="Tablea"><span>(b) a business credit or charge card account;</span></p><p class="Tablea"><span>(c) a residential home loan;</span></p><p class="Tablea"><span>(d) a home loan for an investment property;</span></p><p class="Tablea"><span>(e) a mortgage offset account;</span></p><p class="Tablea"><span>(f) a personal loan;</span></p><p class="Tablea"><span>(g) business finance;</span></p><p class="Tablea"><span>(h) a loan for an investment;</span></p><p class="Tablea"><span>(i) a line of credit (personal);</span></p><p class="Tablea"><span>(j) a line of credit (business);</span></p><p class="Tablea"><span>(k) an overdraft (personal);</span></p><p class="Tablea"><span>(l) an overdraft (business);</span></p><p class="Tablea"><span>(m) asset finance (including standard vehicle financing and leases);</span></p><p class="Tablea"><span>(n) a consumer lease;</span></p><p class="Tablea"><span>(o) a reverse mortgage;</span></p><p class="Tablea"><span>(p) a buy now, pay later product.</span></p></td></tr><tr><td style="width:26.1pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:138.05pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Banking sector only</span></p></td><td style="width:219.05pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tablea"><span>(a) a savings account;</span></p><p class="Tablea"><span>(b) a call account;</span></p><p class="Tablea"><span>(c) a term deposit;</span></p><p class="Tablea"><span>(d) a current account;</span></p><p class="Tablea"><span>(e) a cheque account;</span></p><p class="Tablea"><span>(f) a debit card account;</span></p><p class="Tablea"><span>(g) a transaction account;</span></p><p class="Tablea"><span>(h) a personal basic account;</span></p><p class="Tablea"><span>(i) a GST or tax account;</span></p><p class="Tablea"><span>(j) a cash management account;</span></p><p class="Tablea"><span>(k) a farm management account;</span></p><p class="Tablea"><span>(l) a pensioner deeming account;</span></p><p class="Tablea"><span>(m) a retirement savings account;</span></p><p class="Tablea"><span>(n) a trust account;</span></p><p class="Tabletext"><span>(o) a foreign currency account.</span></p></td></tr></tbody></table>
1.5 Meaning of trial product
(1) For these rules, in relation to the banking sector and NBL sector, a covered product is a trial product if the product is offered:
(a) with the description “pilot” or “trial”; and
(b) with a statement that it will operate as a pilot or trial for a period that ends no more than 6 months after the initial offering (the trial period); and
(c) on the basis that the number of customers supplied with the product for the purposes of the trial will be no more than 1,000; and
(d) with a statement that the product may be terminated before the end of the trial period and that, if it is, the CDR data in relation to the product may not be available for data sharing under these rules.
(2) A covered product will cease to be a trial product from the first time any of the following occurs:
(a) the product is supplied or offered after the end of the trial period;
(b) the product begins to be supplied to more than 1,000 customers.
Part 2—Eligible CDR consumers: banking and NBL sectors
2.1 Additional criteria for eligibility—banking and NBL sectors
For the purposes of subrules 1.10B(1) and (2), the additional criterion for a CDR consumer to be eligible in relation to a particular data holder in the banking sector or the NBL sector at a particular time, is that the account mentioned in paragraph 1.10B(1)(b) or (2)(b) is set up in such a way that, at that time, it can be accessed online.
Note: Rule 1.10B provides, among other things, that a person is eligible in relation to a data holder if the person is:
(a) an account holder or secondary user for an account with the data holder; or
(b) a partner in a partnership that has an account with the data holder (whether or not the person is an account holder or secondary user).
2.2 Meaning of account privileges—banking and NBL sectors
(1) This clause is made for the purposes of the definition of account privileges in subrule 1.7(1).
(2) For the banking sector and NBL sector, a person has account privileges in relation to an account the person holds with a data holder in either of those sectors if:
(a) the account is, or is for, a covered product; and
(b) the person is able to make transactions on the account.
2.3 Consumer dashboard—application of rule 1.15
For the purposes of subrule 1.15(1), if a data holder in the banking sector or NBL sector receives a consumer data request from an accredited person on behalf of a CDR consumer who is eligible in relation to the data holder, the data holder must provide the CDR consumer with a consumer dashboard.
Part 3—CDR data that may be accessed under these rules in relation to the banking sector and NBL sector
3.1 Meaning of required product data and voluntary product data—banking sector and NBL sector
(1) Required product data, in relation to the banking sector or the NBL sector, means CDR data for which there are no CDR consumers:
(a) that is banking sector data or NBL sector data (as applicable); and
(b) that is product specific data about a covered product (other than a covered product mentioned in subclause (2)); and
(c) that is held by the data holder in a digital form.
Note: Product data can only be required to be disclosed if the data is about the eligibility criteria, terms and conditions, price, availability or performance of a covered product, or if the data is about availability or performance and is publicly available (see section 56BF of the Act).
(2) For the purposes of paragraph (1)(b), the covered products mentioned in this subclause are:
(a) a foreign currency account; and
(b) a consumer lease; and
(c) a reverse mortgage; and
(d) a margin loan; and
(e) asset finance that is non-standard vehicle finance (for example, a novated lease).
(3) Voluntary product data, in relation to the banking sector or the NBL sector, means CDR data for which there are no CDR consumers:
(a) that is banking sector data or NBL sector data (as applicable); and
(b) that is product specific data about a covered product; and
(c) that is not required product data.
3.2 Meaning of required consumer data and voluntary consumer data—banking and NBL sectors
(1) A relevant account, in relation to a CDR consumer, means an account that is held with a data holder of banking sector data or NBL sector data and is, or is for, a covered product, and that:
(a) is held in the name of the CDR consumer alone; or
(b) is a joint account of which the CDR consumer is one of the account holders; or
(c) is a partnership account for a partnership in which the CDR consumer is a partner; or
(d) is an account for which the CDR consumer is a secondary user;
whether or not the account can be accessed online, and, subject to subclauses (6) and (7), whether or not the account is open.
(2) Subject to this clause, required consumer data, in relation to the banking sector or the NBL sector, means CDR data for which there is at least one CDR consumer:
(a) that is banking sector data or NBL sector data (as applicable) of a kind mentioned in clause 1.3 relating to a relevant account of a CDR consumer (other than an account that is, or is for, a covered product mentioned in subclause (3); and
(b) that is held by the data holder in a digital form.
Note 1: Paragraph (a), as it applies to product specific data mentioned in clause 1.3, would cover the following:
any product prices that were negotiated individually with a CDR consumer;
the interest rates that are current at the time of the request, as well as any other interest rates applicable to the covered product, and any terms and conditions associated with those interest rates;
any features and benefits negotiated individually with a CDR consumer.
Note 2: So long as the CDR consumer is eligible to make a consumer data request in relation to a particular data holder, they will be able to make a consumer data request that relates to any relevant open account they have with the data holder (subject to subclauses (6) and (7)), including accounts that cannot be accessed online.
Note 3: A person is not a data holder of CDR data that was held by or on behalf of them before the earliest holding day (see paragraph 56AJ(1)(b) of the Act). Accordingly, such data cannot be requested under these rules.
(3) For the purposes of paragraph (2)(a), the covered products mentioned in this subclause are:
(a) a foreign currency account; and
(b) a consumer lease; and
(c) a reverse mortgage; and
(d) a margin loan; and
(e) asset finance that is non-standard vehicle finance (for example, a novated lease).
(4) Subject to this clause, CDR data is voluntary consumer data in relation to the banking sector or the NBL sector if:
(a) there is at least one CDR consumer for the CDR data; and
(b) the CDR data relates to a covered product; and
(c) the CDR data is not required consumer data.
(5) However:
(a) CDR data is neither required consumer data nor voluntary consumer data at a particular time if the data is:
(i) account data, transaction data or product specific data in relation to a joint account or partnership account for which any of the individuals who are account holders or partners in the relevant partnership is less than 18 years of age at that time; or
(ii) CDR data relating to a debt of a CDR consumer, if the data was acquired by a data holder acting in its capacity as a debt collector or debt buyer; 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
(6) Despite subclause (2), if a relevant account is open at a particular time, CDR data relating to that account is not required consumer data at that time if the data is:
(a) transaction data in relation to a transaction that occurred more than 2 years before that time; or
(b) account data that relates to an authorisation for a direct debit from the account, if the direct debit occurred more than 13 months before that time.
Note: As a result, such CDR data would be voluntary consumer data unless otherwise excluded by this clause.
Exception to required consumer data―closed accounts
(7) Despite subclause (2), if a relevant account is closed at a particular time, CDR data relating to that account is not required consumer data at that time.
Note: As a result, such CDR data would be voluntary consumer data unless otherwise excluded by this clause.
Part 5—Dispute resolution: banking sector and NBL sector
Note: See the definitions of “meet the internal dispute resolution requirements” and “meet the external dispute resolution requirements” in subrule 1.7(1) of these rules. See also paragraphs 5.12(b) and (c) of these rules, and rules 6.1 and 6.2.
5.1 Meeting internal dispute resolution requirements—banking sector and NBL sector
(1) For the banking sector and NBL sector, an accredited person or data holder meets the internal dispute resolution requirements if its internal dispute resolution processes comply with provisions of Regulatory Guide 271 that deal with the following:
(a) standards that its internal dispute resolution procedures or processes must meet regarding the following:
(i) commitment and culture;
(ii) the enabling of complaints;
(iii) resourcing;
(iv) responsiveness;
(v) objectivity and fairness;
(vi) policy and procedures;
(vii) data collection, analysis and internal reporting;
(viii) continuous improvement;
(b) outsourcing internal dispute resolution processes;
(c) acknowledgement of complaint;
(d) what an internal dispute resolution response must contain;
(e) maximum timeframes for an internal dispute resolution response;
(f) internal dispute resolution response requirements for multi‑tier internal dispute resolution processes;
(g) the role of customer advocates;
(h) establishing links between internal dispute resolution processes and external dispute resolution;
(i) systemic issues.
(2) In this clause:
Regulatory Guide 271 means Regulatory Guide 271 published by the Australian Securities & Investments Commission, as in force from time to time and applied as if:
(a) references to complaints were references to CDR consumer complaints; and
(b) references to financial firms and financial service providers were references to accredited persons and data holders.
Note: Regulatory Guide 271 could, in 2025, be accessed from the Australian Securities and Investments Commission’s website (https://asic.gov.au).
5.2 Meeting external dispute resolution requirements―banking sector and NBL sector
For the banking sector and NBL sector, an accredited person or data holder meets the external dispute resolution requirements if it is a member of the recognised external dispute resolution scheme operated by the Australian Financial Complaints Authority Limited for the relevant sector.
Part 6—Application of these rules to the banking and NBL sectors
Division 6.1—Staged application to the NBL sector
6.1 Definitions
In this Part:
complex request means a consumer data request that:
(a) is made on behalf of a secondary user; or
(b) relates to a joint account or a partnership account; or
(c) is made on behalf of a CDR consumer who has a nominated representative.
Note: For paragraph (c), see paragraph 1.13(1)(c) of these rules.
initial provider—see clause 6.2.
large provider—see clause 6.2.
tranche 1 date means 13 July 2026.
tranche 2 date means 9 November 2026.
tranche 3 date means 10 May 2027.
6.2 Meaning of initial provider and large provider
(1) A relevant non-bank lender is an initial provider on and after the commencement day if, on the commencement day, each of the following is over $10 billion:
(a) the total value of the resident loans and resident finance leases reported to the Australian Prudential Regulation Authority under the applicable standards by the lender and each of its associated non-bank lenders in relation to the most recent calendar month for which a report was given to the Australian Prudential Regulation Authority before the commencement day;
(b) the total value of the resident loans and resident finance leases reported to the Australian Prudential Regulation Authority under the applicable standards by the lender and each of its associated non-bank lenders during the 12 months before the commencement day, averaged over that period.
(2) Subject to this clause, a relevant non-bank lender is a large provider on and after the first day on which it meets the large provider qualification if, on that day, the lender:
(a) is not an initial provider; and
(b) meets the large provider qualification, as set out in subclause (3) or (4).
(3) A relevant non-bank lender meets the large provider qualification on the commencement day, or on a 1 July after that day (the relevant day), if:
(a) each of the following is over $1 billion:
(i) the total value of the resident loans and resident finance leases reported to the Australian Prudential Regulation Authority under the applicable standards by the lender and each of its associated non-bank lenders in relation to the most recent calendar month for which a report was given to the Australian Prudential Regulation Authority before the relevant day;
(ii) the total value of the resident loans and resident finance leases reported to the Australian Prudential Regulation Authority under the applicable standards by the lender and each of its associated non-bank lenders during the 12 months before the relevant day, averaged over that period; and
(b) the lender has more than 1,000 customers on that day.
(4) A relevant non-bank lender also meets the large provider qualification on a day that is, or is after, the commencement day, if the lender is an accredited person on that day.
(5) However, a relevant non-bank lender to whom subclause (4) applies is taken, for the purposes of that subclause, to cease to meet the large provider qualification on and after a later day if the lender:
(a) ceases to be an accredited person on that later day; and
(b) has not met the large provider qualification in subclause (3) at any time before that later day.
Calculating averaged value of resident loans and resident finance leases
(6) For the purpose of calculating the averaged value of resident loans and resident finance leases reported by a relevant non-bank lender and each of its associated non-bank lenders over 12 calendar months, any month in relation to which no report was made by the lender, or any of its associated non-bank lenders, is to be disregarded.
Note: A lender is not required to provide a monthly report to the Australian Prudential Regulation Authority under the applicable standards if its total assets are less than $400 million as at the last day of its financial year.
(7) In this clause:
applicable standards means the standards made by the Australian Prudential Regulation Authority under the Financial Sector (Collection of Data) Act 2001 dealing with the provision of information to the Authority relating to the loans and finance leases of an ADI or registered financial corporation.
Note: The applicable standards were, in 2025, set out in the Financial Sector (Collection of Data) (reporting standard) determination No. 9 of 2022 [F2022L00212].
associated non-bank lender: a relevant non-bank lender (the first lender) is an associated non-bank lender of another relevant non-bank lender (the second lender) if any of the following apply:
(a) the first lender is a related body corporate of the second lender for the purposes of the Act (see subsection 4A(5) of the Act);
(b) the first lender has an arrangement with the second lender in relation to the administration, offering, provision or underwriting of resident loans or resident finance leases;
(c) the second lender has an arrangement with the first lender for the administration, offering, provision or underwriting of resident loans or resident finance leases.
commencement day means the day on which the Competition and Consumer (Consumer Data Right) Amendment (2025 Measures No. 1) Rules 2025 commences.
finance lease has the meaning given by AASB 16 - Leases - February 2016 [F2016L00233].
loan, in relation to a relevant non-bank lender, means a financial asset that is:
(a) created when a relevant non-bank lender lends funds directly to a debtor; and
(b) evidenced by non-negotiable documents.
resident, applied to a loan or a finance lease, means that the loan or finance lease is made to a resident institutional unit or units.
resident institutional unit has the meaning given by the relevant standard made by the Australian Prudential Regulation Authority under the Financial Sector (Collection of Data) Act 2001 dealing with definitions for the collection of Economic and Financial Statistics information.
Note: The relevant standard was, in 2025, set out in the Financial Sector (Collection of Data) (reporting standard) determination No. 5 of 2024. In general terms, “resident institutional unit” refers to an economic entity that is capable of owning assets, incurring liabilities and engaging in economic activities and in transactions with other entities, and whose centre of predominant economic interest is Australia. It includes individuals and groups of individuals that form a household, as well as legal entities such as businesses.
6.3 Obligation to notify Commission about customer numbers
(1) A relevant non-bank lender that satisfies paragraph 6.2(3)(a) must, if requested by the Commission, notify the Commission of the following, in writing, as soon as practicable after receiving the request:
(a) the total value of the resident loans and resident finance leases mentioned in subparagraphs 6.2(3)(a)(i) and (ii);
(b) whether the lender also satisfies paragraph 6.2(3)(b).
Civil penalty: $250,000.
(2) A relevant non-bank lender must notify the Commission in writing as soon as practicable if, on a day mentioned in subclause 6.2(3), it satisfies paragraph 6.2(3)(a) but does not satisfy paragraph 6.2(3)(b).
Civil penalty: $250,000.
6.4 Application to initial providers
(1) These rules apply, as set out in the following table, in relation to a relevant non‑bank lender that is an initial provider.
<table cellspacing="0" cellpadding="0" style="width:85.26%; border-collapse:collapse"><thead><tr><td style="width:6.02%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="margin-bottom:3pt; text-align:center; page-break-inside:avoid"><span></span></p></td><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="margin-bottom:3pt; text-align:center; page-break-inside:avoid"><span>Application to initial providers</span></p></td></tr><tr><td style="width:6.02%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span></span></p></td><td style="width:38%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span>Column 1</span></p><p class="TableHeading" style="page-break-inside:avoid"><span>Type of request</span></p></td><td style="width:55.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span>Column 2</span></p><p class="TableHeading" style="page-break-inside:avoid"><span>Application of rules</span></p></td></tr></thead><tbody><tr><td style="width:6.02%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:38%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A product data request under Part 2 of these rules</span></p></td><td style="width:55.98%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>On and after the tranche 1 date</span></p></td></tr><tr><td style="width:6.02%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:38%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A consumer data request under Part 4 of these rules, other than a complex request</span></p></td><td style="width:55.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>On and after the tranche 2 date</span></p></td></tr></tbody></table>
(2) These rules do not apply to a complex request under Part 4, in relation to a relevant non‑bank lender that is an initial provider.
6.5 Application to large providers
(1) In this clause, where a relevant non-bank lender is a large provider, its LP date is the date that it became a large provider.
(2) These rules apply in relation to such a large provider with an LP date that is on or before 13 July 2025 as set out in the following table.
<table cellspacing="0" cellpadding="0" style="width:85%; border-collapse:collapse"><thead><tr><td style="width:6.02%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="margin-bottom:3pt; text-align:center; page-break-inside:avoid"><span></span></p></td><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="margin-bottom:3pt; text-align:center; page-break-inside:avoid"><span>Application to large providers with LP date on or before 13 July 2025</span></p></td></tr><tr><td style="width:6.02%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span></span></p></td><td style="width:38%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span>Column 1</span></p><p class="TableHeading" style="page-break-inside:avoid"><span>Type of request</span></p></td><td style="width:55.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span>Column 2</span></p><p class="TableHeading" style="page-break-inside:avoid"><span>Application of rules</span></p></td></tr></thead><tbody><tr><td style="width:6.02%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:38%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A product data request under Part 2 of these rules</span></p></td><td style="width:55.98%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>On and after the tranche 1 date</span></p></td></tr><tr><td style="width:6.02%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:38%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A consumer data request under Part 4 of these rules, other than a complex request</span></p></td><td style="width:55.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>On and after the tranche 3 date</span></p></td></tr></tbody></table>
(3) These rules apply in relation to such a large provider with an LP date that is after 13 July 2025 date as set out in the following table.
<table cellspacing="0" cellpadding="0" style="width:85%; border-collapse:collapse"><thead><tr><td style="width:6.02%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="margin-bottom:3pt; text-align:center; page-break-inside:avoid"><span></span></p></td><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="margin-bottom:3pt; text-align:center; page-break-inside:avoid"><span>Application to large providers with LP date after 13 July 2025</span></p></td></tr><tr><td style="width:6.02%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span></span></p></td><td style="width:38%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span>Column 1</span></p><p class="TableHeading" style="page-break-inside:avoid"><span>Type of request</span></p></td><td style="width:55.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span>Column 2</span></p><p class="TableHeading" style="page-break-inside:avoid"><span>Application of rules</span></p></td></tr></thead><tbody><tr><td style="width:6.02%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:38%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A product data request under Part 2 of these rules</span></p></td><td style="width:55.98%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>On and after the day 12 months after its LP date</span></p></td></tr><tr><td style="width:6.02%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:38%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A consumer data request under Part 4 of these rules, other than a complex request</span></p></td><td style="width:55.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>On and after the day 15 months after its LP date</span></p><p class="Tablea"><span></span></p></td></tr></tbody></table>
(4) These rules do not apply to a complex request under Part 4, in relation to a relevant non‑bank lender that is a large provider.
6.6 Application to other non-bank lenders
These rules only apply in relation to a relevant non-bank lender that:
(a) is an initial provider; or
(b) is a large provider; or
(c) has notified the Commission under clause 6.11 that it wishes Part 2 or Part 4 of these rules to apply to it from a specified date.
6.7 Consumer data requests under Part 3 of these rules
Part 3 of these rules does not apply in relation to NBL sector data.
Division 6.2—Application to data holders in the banking sector
6.8 Consumer data requests under Part 3 of these rules
Part 3 of these rules does not apply in relation to banking sector data.
6.9 Entities that become unrestricted ADIs after specified date
(1) This clause applies to a person who becomes an unrestricted ADI on a day (the relevant day) that is on or after the day the Competition and Consumer (Consumer Data Right) Amendment Rules (2025 Measures No. 1) 2025 commences.
Note: This includes a person who was previously a restricted ADI, and was therefore an excluded data holder for this sector.
(2) These rules apply in relation to the person:
(a) in respect of a product data request—on and after the day that is 12 months after the relevant day; and
(b) in respect of a consumer data request made by an accredited person, other than a complex request—on and after the day that is 15 months after the relevant day; and
(c) in respect of a complex request made by an accredited person—on and after the day that is 18 months after the relevant day.
6.10 Providers of buy now, pay later products
(1) In this clause, where a data holder in the banking sector offers a covered product that is a buy now, pay later product (a BNPL product), its BNPL date is the date that it first offered a BNPL product.
(2) These rules apply in relation to such a data holder with a BNPL date that is on or before the tranche 1 date, in respect of CDR data that relates to a BNPL product, as set out in the following table:
<table cellspacing="0" cellpadding="0" style="width:85%; border-collapse:collapse"><thead><tr><td style="width:6.02%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="margin-bottom:3pt; text-align:center; page-break-inside:avoid"><span></span></p></td><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="margin-bottom:3pt; text-align:center; page-break-inside:avoid"><span>Application to data holder with BNPL date on or before the tranche 1 date, in respect of CDR data that relates to a BNPL product</span></p></td></tr><tr><td style="width:6.02%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span></span></p></td><td style="width:38%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span>Column 1</span></p><p class="TableHeading" style="page-break-inside:avoid"><span>Type of request</span></p></td><td style="width:55.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span>Column 2</span></p><p class="TableHeading" style="page-break-inside:avoid"><span>Application of rules</span></p></td></tr></thead><tbody><tr><td style="width:6.02%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:38%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A product data request under Part 2 of these rules</span></p></td><td style="width:55.98%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>On and after the tranche 1 date</span></p></td></tr><tr><td style="width:6.02%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:38%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A consumer data request under Part 4 of these rules, other than a complex request</span></p></td><td style="width:55.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>On and after the tranche 2 date</span></p></td></tr></tbody></table>
(3) These rules apply in relation to such a data holder with a BNPL date that is between 14 July 2026 and 10 May 2027, in respect of CDR data that relates to a BNPL product, as set out in the following table:
<table cellspacing="0" cellpadding="0" style="width:85%; border-collapse:collapse"><thead><tr><td style="width:6.02%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="margin-bottom:3pt; text-align:center; page-break-inside:avoid"><span></span></p></td><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="margin-bottom:3pt; text-align:center; page-break-inside:avoid"><span>Application to data holder with BNPL date after the tranche 1 date, in respect of CDR data that relates to a BNPL product</span></p></td></tr><tr><td style="width:6.02%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span></span></p></td><td style="width:38%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span>Column 1</span></p><p class="TableHeading" style="page-break-inside:avoid"><span>Type of request</span></p></td><td style="width:55.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span>Column 2</span></p><p class="TableHeading" style="page-break-inside:avoid"><span>Application of rules</span></p></td></tr></thead><tbody><tr><td style="width:6.02%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:38%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A product data request under Part 2 of these rules</span></p></td><td style="width:55.98%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>On and after the day 12 months after its BNPL date</span></p></td></tr><tr><td style="width:6.02%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:38%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A consumer data request under Part 4 of these rules, other than a complex request</span></p></td><td style="width:55.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>On and after the day 15 months after its BNPL date</span></p></td></tr></tbody></table>
(4) These rules do not apply to a complex request under Part 4, in relation to such a data holder in respect of CDR data that relates to a BNPL product.
Division 6.3—Disclosing CDR data voluntarily: banking sector and NBL sector
6.11 Disclosure of CDR data voluntarily
(1) A data holder in the banking sector or NBL sector, other than an excluded data holder, may notify the Commission that it wishes Part 2 or Part 4 of these rules to apply to it from a specified date.
(2) The data holder, from that specified date, may:
(a) receive a request under Part 2 or Part 4 of these rules from a CDR consumer who is eligible in relation to that data holder; and
(b) disclose required or voluntary product or consumer data in response to the request.
(3) These rules apply to the data holder in respect of that request, and all subsequent requests under Part 2 or Part 4 of these rules by consumers who are eligible in relation to that data holder.
Note: This clause means that, among other things, a data holder who elects to receive and respond to such a request must comply with all aspects of these rules relevant to handling it (and all future requests by eligible consumers). For instance, the data holder would need to provide the consumer dashboard in accordance with subrule 1.15(1) upon receiving a request under Part 4, and would need to meet the internal and external dispute resolution requirements.
Division 6.4—Application to trial products
6.12 CDR data relating to trial products
(1) These rules do not apply in respect of banking sector data or NBL sector data that relates to a trial product, while the product is a trial product.
(2) If a covered product ceases to be a trial product under subclause 1.5(2), these rules apply in respect of banking sector data or NBL sector data relating to that product (including such data generated while the product was a trial product).
Part 7—Other rules and modifications of these rules, for the banking sector and NBL sector
7.1A Transfer of data sharing obligations between data holders
(1) A data holder in the banking sector or NBL sector (the first data holder) may elect to comply with these rules in the place of another data holder in the banking sector or NBL sector (the second data holder), in relation to a covered product, if:
(a) either:
(i) the second data holder offers the product on behalf of the first data holder, such that the first data holder is the data holder that enters into contracts with consumers to provide the product; or
(ii) the first and second data holders are related bodies corporate for the purposes of the Act (see subsection 4A(5) of the Act); and
(b) both data holders have agreed to the election in writing.
(2) If an election is in effect under subclause (1), these rules apply in relation to the first data holder in relation to the covered product as if it were the second data holder.
7.1 Laws relevant to the management of CDR data—banking sector and NBL sector
For paragraph (f) of the definition of “law relevant to the management of CDR data” in rule 1.7 of these rules, the Australian Securities and Investments Commission Act 2001 is a law relevant to the management of CDR data in relation to the banking sector and NBL sector.
7.2 Conditions for accredited person to be data holder
(1) For the purposes of paragraph 56AJ(4)(c) of the Act, the following conditions are specified:
(a) the person is an ADI or a relevant non-bank lender; and
(aa) under Part 6 of this Schedule, these rules already apply to the person in their capacity as a data holder of other CDR data; and
(b) the accredited person has collected CDR data, or any data directly or indirectly derived from CDR data (together, the relevant CDR data), in accordance with a collection consent;
(c) the accredited person reasonably believes that the relevant CDR data is relevant to its supply of a product to the CDR consumer, for that data;
(d) either:
(i) the conditions specified in subclause (2); or
(ii) the conditions specified in subclause (2A).
Conditions involving notification prior to first collection
(2) For subparagraph (1)(d)(i), the conditions are:
(a) either:
(i) the accredited person is supplying the product to the CDR consumer; or
(ii) the accredited person has received an application from the CDR consumer for the supply of the product to the CDR consumer, or is aware that the CDR consumer proposes to apply for the supply of the product; and
(b) prior to the first collection of the relevant CDR data in accordance with the collection consent, the accredited person notified the CDR consumer that the accredited person would hold that data in accordance with the accredited person’s usual data holding practices for consumer data.
Note: If, prior to the first collection of the relevant CDR data, an accredited person has notified the CDR consumer in accordance with this subclause, the accredited person does not need to notify the CDR consumer again before collecting further data in accordance with the collection consent.
Conditions involving request for consent
(2A) For subparagraph (1)(d)(ii), the conditions are that:
(a) the accredited person is supplying the product to the CDR consumer; and
(b) the accredited person has requested the CDR consumer to consent to the accredited person changing from an accredited data recipient of the relevant CDR data to a data holder of the relevant CDR data; and
(c) the accredited person has informed the CDR consumer:
(i) that, if the consumer consents to that change, the privacy safeguards applicable to a data holder (rather than those applicable to an accredited data recipient) would apply to the accredited person in relation to the relevant CDR data; and
(ii) of the manner in which the accredited person proposes to treat the relevant CDR data; and
(iii) why the accredited person was entitled to request the consumer’s consent to the change; and
(iv) of the consequences of the consumer not giving their consent to the change; and
(d) the CDR consumer has consented.
Related modifications of these rules
(3) If a person becomes a data holder, rather than an accredited data recipient, of CDR data as a result of subsection 56AJ(4) of the Act and this clause:
(b) for paragraph 4.26(1)(h) of these rules, any authorisations to disclose CDR data in relation to the consumer data request expire; and
(c) if the person’s accreditation has been surrendered or revoked, the following do not apply to the person in relation to that CDR data:
(i) subrule 5.23(2);
(ii) paragraph 5.23(3)(b).
7.3 Streamlined accreditation—banking sector
For paragraph 5.5(b) of these rules, for the banking sector, the criteria for streamlined accreditation are that the accreditation applicant:
(a) is an ADI; but
(b) is not a restricted ADI.
7.4 Exemptions to accreditation criteria—banking sector
(1) This clause sets out how the accreditation criteria operate in relation to the banking sector, for the purposes of rule 5.12 of these rules.
(2) An accredited person that:
(a) is an ADI; but
(b) is not a restricted ADI;
need not comply with paragraph 5.12(2)(b) of these rules.
7.5 Grounds for revocation, suspension and surrender of accreditation—banking sector
For item 5 of the table in rule 5.17:
(b) the relevant condition is that the accredited person was, at the time of the accreditation, an ADI; and
(c) the accredited person ceases to satisfy the condition if its authority to carry on banking business is no longer in force.
Part 8—Entities that move from NBL sector to banking sector
8.1 Moving from the NBL sector to the banking sector
Clause applies where data holder moves from NBL to banking sector
(1) This clause applies where:
(a) for the purpose of moving to the banking sector, a person ceases to be a data holder in the NBL sector at a particular time (the NBL exit time); and
(b) at a time as soon as practicable thereafter (the transition time), the person becomes a data holder in the banking sector; and
(c) immediately before the NBL exit time:
(i) a request was on foot under Part 2 or 4 of these rules in respect of NBL sector data of the data holder; or
(ii) a current authorisation or consent given under Part 4 of these rules in respect of NBL sector data covered by such a request was in existence.
Request taken to be made in respect of banking sector
(2) The request, consent or authorisation mentioned in subclause (1) remains effective after the transition time as though it had instead been made on the basis that the data holder was in the banking sector, and the NBL sector data was banking sector data.
(3) To avoid doubt, without limiting subclause (2):
(a) these rules apply as though a reference in the request, authorisation or consent to the data holder and the CDR data in the NBL sector were a reference to the data holder and CDR data in the banking sector; and
(b) the consent or authorisation does not expire merely because the data holder has ceased to operate in in the NBL sector.
Data holder must respond to the request
(4) Despite anything else in this Schedule, the data holder must respond to the request in accordance with Part 2 or Part 4 as the case requires.
Note: If the data holder has become a restricted ADI, it will be an excluded ADI, and this provision will override clause 1.1A. If it becomes an unrestricted ADI, this provision will override the allowance of time in clause 6.9.
CDR consumer must be notified of change of sector
(5) As soon as practicable after the transition time, the data holder must give a written notification to each CDR consumer in respect of whom a request mentioned in subclause (1) is on foot that:
(a) the data holder has ceased to operate in the NBL sector; and
(b) the data holder is now operating in the banking sector; and
(c) the data requested is now banking sector data; and
(d) the CDR consumer may, under rule 4.13, 4.20J or 4.25, choose to withdraw an authorisation or consent given under Part 4 in respect of the request.
(6) As soon as practicable after the transition time, the data holder must give a written notification to each accredited person who made a consumer data request mentioned in subclause (1) that:
(a) the data holder has ceased to operate in the NBL sector; and
(b) the data holder is now operating in the banking sector.
(7) Where an accredited person would be required to update the consumer dashboard of a relevant CDR consumer under rule 4.19 as a result of the sector change mentioned in subclause (1), the accredited person must instead update the consumer dashboard within a reasonable period after receiving the notification mentioned in subclause (6).
Schedule 4—Provisions relevant to the energy sector
Part 1—Preliminary
1.1 Simplified outline of this Schedule
This Schedule deals with how these rules apply in relation to the energy sector.
Some defined terms apply only in relation to the energy sector. These are defined in Part 1 of this Schedule.
Part 2 of this Schedule deals with eligible CDR consumers in relation to the energy sector.
Part 3 of this Schedule deals with CDR data that can or must be disclosed when product data requests and consumer data requests are made in relation to the energy sector.
Part 4 of this Schedule deals with the three agencies that have special functions in the energy sector. The AER and the Victorian agency hold product data and respond to product data requests. AEMO holds AEMO data.
AEMO data is specified as SR data for these rules, so that AEMO is the secondary data holder for this CDR data, and the relevant retailer is specified as the primary data holder. Division 1.5 of these rules applies to an SR data request.
Part 5 of this Schedule deals with internal dispute resolution requirements in relation to the energy sector.
Part 6 of this Schedule deals with the correction of data in compliance with the privacy safeguards.
Part 7 of this Schedule deals with reporting and record keeping requirements of these rules that apply differently in relation to the energy sector.
Part 8 of this Schedule deals with the staged application of these rules to the energy sector. Over time, as set out in this Part, these rules will apply to a progressively broader range of data holders within the energy sector.
Part 9 of this Schedule deals with other provisions of these rules that apply differently in relation to the energy sector.
1.2 Interpretation
In this Schedule:
AEMO means the Australian Energy Market Operator Limited (ACN 072 010 327).
AEMO data means:
(a) in relation to a retailer:
(i) NMI standing data; or
(ii) metering data; or
(iii) DER register data;
that relates to an arrangement with the retailer; and
(b) in relation to a customer—information covered by paragraph (a) that relates to the arrangement relevant to the customer.
Note: This is data for which AEMO is the designated data holder under the energy sector designation instrument.
AER means the Australian Energy Regulator
account data has the meaning given by clause 1.3 of this Schedule.
arrangement has the meaning given by subsection 5(1) of the energy sector designation instrument;
billing data has the meaning given by clause 1.3 of this Schedule.
customer has the meaning given by subsection 5(1) of the energy sector designation instrument;
customer data has the meaning given by clause 1.3 of this Schedule.
DER (for distributed energy resources), in relation to an account, means any energy resources that are covered by the arrangement for the account and registered on the DER Register.
DER Register means the DER Register maintained under the National Electricity Rules.
DER register data has the meaning given by clause 1.3 of this Schedule.
energy sector means the sector of the Australian economy that is designated by the energy sector designation instrument.
energy sector data means CDR data covered by the energy sector designation instrument.
energy sector designation instrument means the Consumer Data Right (Energy Sector) Designation 2020.
metering data has the meaning given by clause 1.3 of this Schedule.
National Energy Retail Law has the meaning given by the energy sector designation instrument.
National Electricity Rules has the meaning given by the energy sector designation instrument.
National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA).
National Electricity Market has the meaning given by the National Electricity Law.
NMI standing data has the meaning given by clause 1.3 of this Schedule.
plan means a form of arrangement that is offered to, or has been supplied to, customers by a retailer.
product specific data has the meaning given by clause 1.3 of this Schedule.
retailer has the meaning given by clause 1.4 of this Schedule.
tailored tariff data has the meaning given by clause 1.3 of this Schedule.
Victorian agency means the Department of State administered by the Minister of Victoria administering the National Electricity (Victoria) Act 2005 (Vic).
Note: The relevant Victorian agency must be declared a participating entity under section 56AS of the Act.
1.3 Meaning of terms for types of data
For this Schedule, a term listed in column 1 of the table has the meaning given by column 2.
<table cellspacing="0" cellpadding="0" style="width:415.6pt; margin-left:5.65pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:404.8pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="text-align:center"><span>Meaning of </span><span style="font-style:italic">customer data</span><span>, </span><span style="font-style:italic">account data</span><span>, </span><span style="font-style:italic">billing data</span><span>, </span><span style="font-style:italic">metering data</span><span>, </span><span style="font-style:italic">NMI standing data</span><span>, </span><span style="font-style:italic">DER register data</span><span>, </span><span style="font-style:italic">product specific data</span><span> and </span><span style="font-style:italic">tailored tariff data</span></p></td></tr><tr><td style="width:19pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span></span></p></td><td style="width:81.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:282.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td></tr></thead><tbody><tr><td style="width:19pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:81.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold; font-style:italic">customer data</span><span>, in relation to a particular person</span></p></td><td style="width:282.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tablea"><span>(a) means information that identifies or is about the person; and</span></p><p class="Tablea"><span>(b) includes:</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(i) </span><span></span><span></span><span></span><span>the person’s name; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(ii) </span><span></span><span>the person’s contact details, including their:</span></p><p class="TableAA" style="margin-left:55.55pt; text-indent:-17pt"><span>(A) telephone number; and</span></p><p class="TableAA" style="margin-left:55.55pt; text-indent:-17pt"><span>(B) email address; and</span></p><p class="TableAA" style="margin-left:55.55pt; text-indent:-17pt"><span>(C) physical address; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(iii) </span><span></span><span>any information that:</span></p><p class="TableAA" style="margin-left:55.55pt; text-indent:-17pt"><span>(A) the person provided at the time of acquiring a particular product; and</span></p><p class="TableAA" style="margin-left:55.55pt; text-indent:-17pt"><span>(B) relates to their eligibility to acquire that product; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(iv) </span><span></span><span>if the person operates a business—the following:</span></p><p class="TableAA"><span>(A) the person’s business name;</span></p><p class="TableAA"><span>(B) the person’s ABN; and</span></p><p class="Tablea"><span>(c) if the person is an individual―does not include the person’s date of birth.</span></p><p class="Tablea"><span></span></p></td></tr><tr><td style="width:19pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:81.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold; font-style:italic">account data</span><span>, in relation to a particular account</span></p></td><td style="width:282.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tablea"><span>(a) means information that identifies or is about the operation of the account; and</span></p><p class="Tablea"><span>(b) includes:</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(i) </span><span></span><span></span><span></span><span>the account number, other than to the extent that an account number is masked (whether as required by law or in accordance with any applicable standard or industry practice); and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(ii) </span><span></span><span>the date the account was created; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(iii) </span><span></span><span>the unique identifiers that represent the connection points associated with the account; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(iv) </span><span></span><span>any payment schedule associated with the account (including payment method and frequency of payments); and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(v) </span><span></span><span>any concessions, rebates or grants applied to the account; and</span></p><p class="Tablea"><span>(c) does not include information about whether the account is associated with a hardship program.</span></p><p class="Tablea"><span></span></p></td></tr><tr><td style="width:19pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:81.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold; font-style:italic">billing data</span><span>, in relation to a particular account</span></p></td><td style="width:282.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>means:</span></p><p class="Tablea"><span>(a) information about a bill that has been issued in relation to the arrangement to which the account relates, including:</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(i) </span><span></span><span></span><span></span><span>the account number; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(ii) </span><span></span><span>the billing period; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(iii) </span><span></span><span>the date the bill was issued; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(iv) </span><span></span><span>the total amount payable; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(v) </span><span></span><span>the tariffs and charges applicable; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(vi) </span><span></span><span>details of consumption or estimated consumption of energy; and</span></p><p class="Tablea"><span>(b) information about a payment or other transaction made in relation to the arrangement, including:</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(i) </span><span></span><span></span><span></span><span>the nature of the transaction; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(ii) </span><span></span><span>the date and time of the transaction; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(iii) </span><span></span><span>the amount paid; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(iv) </span><span></span><span>the payment method; and</span></p><p class="Tablea"><span>(c) the account balance at any time.</span></p><p class="Tabletext"><span></span></p></td></tr><tr><td style="width:19pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:81.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold; font-style:italic">metering data</span><span>, in relation to a particular account</span></p></td><td style="width:282.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>means metering data, other than metering data for a type 7 metering installation, within the meaning given by the National Electricity Rules, that relates to the account.</span></p><p class="Tabletext"><span></span></p></td></tr><tr><td style="width:19pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:81.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>NMI standing data, in relation to a particular account</span></p></td><td style="width:282.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>means NMI standing data, within the meaning given by the National Electricity Rules, that relates to a connection point associated with the account.</span></p><p class="Tabletext"><span></span></p></td></tr><tr><td style="width:19pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:81.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold; font-style:italic">DER register data</span><span>, in relation to a particular account</span></p></td><td style="width:282.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tablea"><span>(a) means DER register information, within the meaning given by the National Electricity Rules, for DER that relate to the account; and</span></p><p class="Tablea"><span>(b) includes:</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(i) </span><span></span><span></span><span></span><span>the unique identifier for each connection point associated with the metering data that relates to the DER; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(ii) </span><span></span><span>the approved small generating unit capacity as agreed with a network service provider in the connection agreement; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(iii) </span><span></span><span>the number of phases available for the installation of DER; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(iv) </span><span></span><span>the number of phases the DER are connected to; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(v) </span><span></span><span>information identifying small generating units designed with the ability to operate in islanded mode; and</span></p><p class="Tablea"><span>(c) excludes any personal information of third parties, including contractors and individuals who install or repair DER.</span></p></td></tr><tr><td style="width:19pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>7</span></p></td><td style="width:81.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold; font-style:italic">product specific data</span><span>, in relation to a particular plan</span></p></td><td style="width:282.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tablea"><span>(a) means information that identifies or describes the characteristics of the plan; and</span></p><p class="Tablea"><span>(b) includes the following data about the plan:</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(i) </span><span></span><span></span><span></span><span>its type (whether standing, market or regulated); and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(ii) </span><span></span><span>its name; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(iii) </span><span></span><span>fuel the plan applies to; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(iv) </span><span></span><span>the retailer brand offering the plan; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(v) </span><span></span><span>the distribution zone that the plan is offered in; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(vi) </span><span></span><span>the tariff type; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(vii) information about the pricing associated with the plan, including unit rates, metering charges, daily supply charges and fees; and</span></p><p class="Tablei" style="margin-left:47.05pt; text-indent:-19.85pt"><span>(viii)features and benefits, including discounts, incentives and bundles.</span></p><p class="Tablea"><span></span></p></td></tr><tr><td style="width:19pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>8</span></p></td><td style="width:81.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold; font-style:italic">tailored tariff data</span><span>, in relation to a particular account</span></p></td><td style="width:282.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p><span style="font-size:10pt">means product specific information in relation to the plan that applies to, and as tailored to, the arrangement to which the account relates.</span></p><p class="Tabletext"><span></span></p></td></tr></tbody></table>
1.4 Meaning of retailer
For this Schedule, a data holder of energy sector data is a retailer if:
(a) it retails electricity to connection points in the National Electricity Market; and
(b) it is either:
(i) the holder of a retailer authorisation issued under the National Energy Retail Law (as it applies in a State or Territory) in respect of the sale of electricity; or
(ii) a retailer within the meaning of the Electricity Industry Act 2000 (Vic).
1.5 Meaning of trial product
(1) For these rules, in relation to the energy sector, a plan is a trial product if the plan is offered:
(a) with the description “pilot” or “trial”; and
(b) with a statement that it will operate as a pilot or trial for a period that ends no more than 24 months after the initial offering (the trial period); and
(c) on the basis that the number of customers to be supplied with the plan for the purposes of the trial will be limited to no more than 2,000; and
(d) with a statement that the plan may be terminated before the end of the trial period and that, if it is, the CDR data in relation to the plan may not be available for data sharing under these rules.
(2) A plan will cease to be a trial product from the time any of the following occurs:
(a) the plan is supplied or offered after the end of the trial period;
(b) the plan begins to be supplied to more than 2,000 customers.
Part 2—Eligible CDR consumers—energy sector
2.1 Additional criteria for eligibility—energy sector
(1) For subrules 1.10B(1) and (2), the additional criteria for a CDR consumer to be eligible, in relation to a retailer at a particular time, are that:
(a) the CDR consumer is a customer of the retailer in relation to an eligible arrangement; and
(b) the account relates to the arrangement; and
(c) for an account that has been in existence for 12 months or more—the consumption associated with the account has been less than 5 GWh in the previous 12 months; and
(d) for an account that has been in existence for less than 12 months— the estimated annual consumption for the account is less than 5 GWh.
(2) In this clause, an eligible arrangement is an arrangement that relates to one or more connection points or child connection points for which there is a financially responsible market participant in the National Electricity Market.
2.2 Meaning of account privileges—energy sector
(1) This clause is made for the purposes of the definition of account privileges in subrule 1.7(1) of these rules.
(2) For the energy sector, a person has account privileges in relation to an account with a retailer if the person is a customer authorised representative of the account holder for the purposes of:
(a) rule 56A of the National Energy Retail Rules; or
(b) Chapter 7 of the National Electricity Rules.
2.3 Consumer dashboard—application of rule 1.15
(1) For subrule 1.15(1), if a retailer receives a consumer data request from an accredited person on behalf of a CDR consumer who has online access to the relevant account, the retailer must provide the CDR consumer with the consumer dashboard.
(2) For subrule 1.15(1), if a retailer receives a consumer data request from an accredited person on behalf of a CDR consumer who does not have a consumer dashboard, the retailer must:
(a) offer the CDR consumer a consumer dashboard; and
(b) provide it if the CDR consumer accepts.
Part 3—CDR data that may be accessed under these rules—energy sector
3.1A Application of Part
This Part does not apply in relation to a plan while it is a trial product.
Note: If a plan ceases to be a trial product in accordance with subclause 1.5(2) of this Schedule, the data holder must comply with its obligations under this Part in relation to the plan. The obligations cover any CDR data generated while the plan was a trial product.
3.1 Meaning of required product data and voluntary product data—energy sector
(1) For these rules, required product data, in relation to the energy sector, means CDR data for which there are no CDR consumers that:
(a) is within a class of information specified in section 9 or section 10 of the energy sector designation instrument; and
(b) is about the eligibility criteria, terms and conditions, price, availability or performance of a plan; and
(c) is product specific data in relation to a plan; and
(d) is held by the AER or the Victorian agency for the purpose of operating websites that provide such information to the public.
Note 1: In 2023, the relevant websites were:
• https://www.energymadeeasy.gov.au/; and
• https://compare.energy.vic.gov.au/
Note 2: This data derives from retailers, who are required by the National Energy Retail Law and the Electricity Industry Act 2000 (Vic) to provide it to the AER or the Victorian agency. Those agencies therefore become data holders for it.
Note 3: This clause does not include all CDR data covered by section 9 of the energy sector designation instrument, as that section also covers CDR data for which there are CDR consumers (see paragraphs 9(2)(b) and 9(3)(b) of that instrument).
(2) For these rules, voluntary product data, in relation to a data holder in the energy sector, means CDR data for which there are no CDR consumers that:
(a) is energy sector data; and
(b) is product specific data in relation to a plan offered by or on behalf of the data holder; and
(c) is not required product data.
3.2 Meaning of required consumer data and voluntary consumer data—energy sector
(1) In this clause:
relevant account, in relation to a CDR consumer, means an account for which the CDR consumer is an account holder or secondary user and is:
(a) an account held by the CDR consumer in their name alone; or
(b) a joint account; or
(c) a partnership account.
(2) In these rules, subject to this clause, required consumer data, in relation to the energy sector, means CDR data for which there is at least one CDR consumer that:
(a) is energy sector data; and
(b) is, in relation to the CDR consumer:
(i) customer data that is held in relation to a relevant account; or
(ii) account data for a relevant account that is open; or
(iii) billing data from a relevant account for a time:
(A) at which that or another relevant account was open; and
(B) that is not more than 2 years before the day of the request; or
(iv) AEMO data in relation to a relevant account; or
(v) tailored tariff data for a relevant account that is open; and
(c) relates to a time at which an account holder for the relevant account was associated with the premises to which the request relates; and
(d) is held by the data holder or holders in a digital form.
Note 1: For subparagraph (b)(v), for a consumer data request, tailored tariff data could include the following:
• any rates or charges under the plan that were negotiated individually with a CDR consumer;
• any features and benefits negotiated individually with a CDR consumer.
Note 2: So long as the CDR consumer is eligible to make a consumer data request in relation to a particular data holder, they will be able to make or cause to be made a consumer data request that relates to any account they have with the data holder, including closed accounts (subject to subclauses (4) and (5)).
Note 3: A person is not a data holder of CDR data that was held by or on behalf of them before the earliest holding day (see paragraph 56AJ(1)(b) of the Act). Accordingly, such data cannot be requested under these rules.
(3) For these rules, subject to this clause, voluntary consumer data, in relation to the energy sector, means CDR data for which there are one or more CDR consumers that:
(a) is energy sector data; and
(b) relates to a time at which an account holder for the account was associated with the premises to which the request relates; and
(c) is not required consumer data.
(4) In 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, billing data or tailored tariff 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, billing data or tailored tariff 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
(iii) AEMO data in relation to any such account; and
(b) CDR data is neither required consumer data nor voluntary consumer data in relation to a consumer data request made by or on behalf of a particular person if the data is:
(i) customer data in relation to any account holder or secondary user other than that person; or
(ii) AEMO data in relation to premises other than premises covered by the relevant arrangement at the time to which the data relates.
(5) In this clause, energy sector data is neither required consumer data nor voluntary consumer data in relation to a data holder that is not a retailer or AEMO.
Note: The effect of this provision is that an accredited person who becomes a data holder in relation to energy sector CDR data by the operation of subsection 56AJ(3) of the Act is not required to respond to a consumer data request for the data.
Exception to required consumer data―open accounts
(6) Despite subclause (2), for an account that is open at a particular time, CDR data that relates to a transaction or event that occurred more than 2 years before that time is not required consumer data.
Note: As a result, such CDR data would be voluntary consumer data.
Exception to required consumer data―closed accounts
(7) Despite subclause (2), for an account that is closed at a particular time, each of the following is not required consumer data:
(a) CDR data held by AEMO, other than metering data;
(b) CDR data held by a retailer, other than billing data; and
(c) CDR data that is not excluded by paragraph (a) or (b), but relates to a transaction or event that occurred more than 2 years before that time.
Part 4—Roles of AEMO and the energy sector agencies
4.1 AER and the Victorian agency may act on each other’s behalf
(1) Where these rules require or permit one of the energy sector agencies to do any thing in relation to receiving or responding to product data requests (including the provision of a product data request service), the other agency may, at the first agency’s request, do the thing on behalf of the first agency.
(2) In this clause, the energy sector agencies are the AER and the Victorian agency.
4.2 Product data request service
(1) Despite rule 1.12, a data holder of energy sector data, other than the AER and the Victorian agency, is not required to provide a product data request service.
(2) However, if such a data holder chooses to provide an online service that can be used to make product data requests, the service must comply with rule 1.12.
4.3 Meaning of SR data and primary data holder—energy sector
For these rules:
(a) SR data, in relation to the energy sector, means AEMO data in relation to a CDR consumer; and
(b) the primary data holder for the SR data is the relevant retailer.
Note: Paragraph (a) also makes AEMO the secondary data holder for the SR data.
4.4 SR data must be obtained from AEMO
On receiving an SR data request under Part 3 or Part 4 of these rules, a retailer must request from AEMO, using the service mentioned in subrule 1.20(2), any SR data to be used in responding to the request
Note: AEMO is the secondary data holder for the SR data. This provision requires a retailer that happens to be the direct holder of any AEMO data that is subject to a consumer data request to ignore its data holding in responding to the request, and obtain the data from AEMO for that purpose.
4.5 Civil penalties do not apply
A civil penalty imposed by these rules for a breach of a provision of these rules, including one imposed by rule 9.8 by declaring the relevant provision to be a civil penalty provision, does not apply in relation to AEMO, the AER or the Victorian agency in relation to energy sector data.
Part 5—Dispute resolution—energy sector
Note: See the definitions of “meet the internal dispute resolution requirements” and “meet the external dispute resolution requirements” in subrule 1.7(1). See also paragraphs 5.12(b) and (c) of these rules, and rules 6.1 and 6.2.
Accredited persons
(1) For the energy sector, an accredited person, other than an accredited person that is also a retailer, meets the internal dispute resolution requirements if its internal dispute resolution processes comply with provisions of Regulatory Guide 271 that deal with the following:
(a) standards that its internal dispute resolution procedures or processes must meet regarding the following:
(i) commitment and culture;
(ii) the enabling of complaints;
(iii) resourcing;
(iv) responsiveness;
(v) objectivity and fairness;
(vi) policy and procedures;
(vii) data collection, analysis and internal reporting;
(viii) continuous improvement;
(b) outsourcing internal dispute resolution processes;
(c) acknowledgement of complaint;
(d) what an internal dispute resolution response must contain;
(e) maximum timeframes for an internal dispute resolution response;
(f) internal dispute resolution response requirements for multi‑tier internal dispute resolution processes;
(g) the role of customer advocates;
(h) establishing links between internal dispute resolution processes and external dispute resolution;
(i) systemic issues.
Data holders
(2) For the energy sector, a retailer (including a retailer that is also an accredited person) meets the internal dispute resolution requirements if its internal dispute resolution processes satisfy the applicable requirements for the retailer’s standard complaints and dispute resolution procedures under the National Energy Retail Law or the Energy Retail Code (Victoria).
(3) Part 6 does not apply in relation to the AER, the Victorian agency or AEMO, in their capacity as data holders in the energy sector.
Definition
(4) In this clause:
Regulatory Guide 271 means Regulatory Guide 271 published by the Australian Securities & Investments Commission, as in force from time to time and applied as if:
(a) references to complaints were references to CDR consumer complaints; and
(b) references to financial firms and financial service providers were references to CDR participants.
Note: Regulatory Guide 271 could in 2023 be accessed from the Australian Securities & Investments Commission’s website (https://asic.gov.au).
Note: Schemes operated by the Australian Financial Complaints Authority Limited and the energy and water ombudsman of each State and Territory are recognised as external dispute resolution schemes for section 56DA of the Act.
How accredited persons and retailers meet the external dispute resolution requirements
(1) For the energy sector, persons of the following kinds meet the external dispute resolution requirements in the circumstances indicated:
(a) an accredited person that is not a retailer—if it is an AFCA member;
(b) a retailer that is not an accredited person—if it is an EWO member;
(c) an accredited person that is also a retailer, but not a limited retailer—if it is both an AFCA member and an EWO member;
(d) an accredited person that is also a limited retailer—if it is an EWO member.
Meaning of AFCA member
(2) In this clause, a retailer or an accredited person is an AFCA member if it is a member of the recognised external dispute resolution scheme operated by the Australian Financial Complaints Authority Limited for the energy sector.
Meaning of EWO member
(3) In this clause, a retailer or accredited person is an EWO member if, in each relevant jurisdiction:
(a) if the jurisdiction has an energy and water ombudsman recognised in accordance with section 56DA of the Act—the retailer is a member of the external dispute resolution scheme operated by that ombudsman in relation to CDR consumer complaints; and
(b) otherwise—the retailer has taken the necessary steps to participate in the dispute resolution process provided by the jurisdiction that is appropriate for CDR consumer complaints.
Meaning of limited retailer
(4) A retailer is a limited retailer if:
(a) it uses any energy sector CDR data that it collects only in order to provide goods or services within the energy sector; and
(b) it does not use non‑energy sector CDR data that it collects in order to provide goods or services outside the energy sector.
Part 6—Privacy safeguards—energy sector
6.1 Responding to correction request (rule 7.15)
(1) This clause applies to a retailer that receives a request under subsection 56EP(1) or (2) of the Act that relates to AEMO data.
(2) In relation to the AEMO data, rule 7.15 applies as if paragraphs (b) and (c) were replaced by the following:
“ (b) as soon as practicable:
(i) initiate the relevant correction procedures under the National Electricity Rules in relation to any NMI standing data or metering data for which correction is requested; and
(ii) if the request relates to DER register data, provide the requester with information about how the requester can contact the distributor to have the data corrected.”.
Part 7—Reporting and record keeping—energy sector
7.1 Reporting requirements (rule 9.4)
Rule 9.4 applies to AER and the Victorian agency as if subrule 9.4(1) were replaced by the following, referring to either as “the Agency”:
“(1) The Agency must prepare a report for each reporting period that:
(a) is in the form approved by the Commission for the purposes of this rule; and
(b) sets out the number (if any) of product data requests received by the Agency during the reporting period; and
(c) sets out:
(i) the number of times the Agency refused to disclose CDR data; and
(ii) the rule or data standard relied upon to refuse to disclose that data; and
(iii) the number of times the Agency has relied on each of those rules or data standards as a ground of refusal.”.
Part 8—Staged application of these rules to the energy sector
8.1 Interpretation
In this Part:
complex request means a consumer data request that:
(a) is made on behalf of a large customer; or
(b) is made on behalf of a secondary user; or
(c) relates to a joint account or a partnership account; or
(d) is made on behalf of a CDR consumer who has a nominated representative.
initial retailer has the meaning given by clause 8.2.
large customer means a CDR consumer that is:
(a) in relation to a retailer that is subject to the Electricity Industry Act 2000 (Vic)—a customer that is not a relevant customer for the purposes of that Act; or
(b) otherwise—a large customer for the purposes of the National Energy Retail Law.
larger retailer has the meaning given by clause 8.3.
small retailer means a retailer that is not either an initial retailer or a larger retailer.
tranche 1 date means 15 November 2022.
tranche 1 (VA) date means a date specified by the Minister in a notifiable instrument made for the purposes of this definition.
tranche 2 date means 15 May 2023.
tranche 3 date means 1 November 2023.
tranche 4 date means 1 May 2024.
8.2 Meaning of initial retailer
In this Schedule, initial retailer means any of the following:
The AGL Energy Group
(a) AGL Sales (Queensland Electricity) Pty Limited – ABN 66 078 875 902;
(b) AGL South Australia Pty Ltd – ABN 49 091 105 092;
(c) AGL Sales Pty Limited – ABN 88 090 538 337;
The Origin Energy Group
(d) Origin Energy Electricity Limited – ABN 33 071 052 287;
(e) any other subsidiary of Origin Energy Limited authorised or licensed to sell electricity in the National Electricity Market;
The Energy Australia Group
(f) EnergyAustralia Pty Ltd – ABN 99 086 014 968.
8.3 Meaning of larger retailer
(1) In this Part:
(a) a retailer that had 10,000 or more small customers on the amendment day is a larger retailer; and
(b) a retailer that had 10,000 or more small customers at all times during a financial year that begins on or after the amendment day is also a larger retailer on and from the day 12 months after the end of that financial year.
(2) In this clause:
(a) a person is a small customer of a retailer if the person is:
(i) a domestic or small business customer of the retailer within the meaning given in section 3 of the Electricity Industry Act 2000 (Vic); or
(ii) a small customer of the retailer within the meaning of section 5 of the National Energy Retail Law; and
(b) the amendment day is the day on which Schedule 1 to the Competition and Consumer (Consumer Data Right) Amendment Rules (No. 2) 2021 commenced.
8.4 Product data requests under Part 2 of these rules
(2) Part 2 of these rules applies to the AER on and from 1 October 2022.
(3) Part 2 of these rules applies to the Victorian agency on and from the tranche 1 (VA) date.
8.5 Consumer data requests under Part 3 of these rules
Part 3 of these rules does not apply in relation to energy sector data.
8.6 Consumer data requests under Part 4 of these rules
Tranche 1 — 15 November 2022
(2) Part 4 of these rules applies in relation to an initial retailer, except in relation to a complex request, on and from the tranche 1 date.
(3) Part 4 of these rules applies to AEMO on and from the tranche 1 date.
Tranche 2 — 15 May 2023
(4) Part 4 of these rules applies in relation to an initial retailer in relation to a complex request on and from the tranche 2 date.
Tranche 3 — 1 November 2023
(5) Part 4 of these rules applies to a larger retailer, except in relation to a complex request, on and from the later of the tranche 3 date and the date that it becomes a larger retailer.
Tranche 4 —1 May 2024
(6) Part 4 of these rules applies to a larger retailer in relation to a complex request on and from the later of:
(a) the tranche 4 date; and
(b) the day that is 6 months after the day that it became a larger retailer.
Application of Part 4 to small retailers that are accredited persons
(7) Part 4 of these rules applies to a person who is both a small retailer and an accredited person, except in relation to a complex request, on and from the later of the day that is 12 months after:
(a) the day that the person became an accredited person; and
(b) the day that the person became a small retailer.
(8) Part 4 of these rules applies to a person who is both a small retailer and an accredited person, in relation to a complex request, on and from the later of the day that is 18 months after:
(a) the day that the person became an accredited person; and
(b) the day that the person became a small retailer.
Voluntary application of Part 4 to small retailers
(9) A small retailer may notify the Commission that it wishes Part 4 to apply to it:
(a) except in relation to a complex request—on and from a specified date that is no earlier than the tranche 1 date; and
(b) in relation to a complex request—on and from a specified date that is no earlier than the tranche 2 date.
(10) Subject to subclauses (7) and (8), Part 4 applies in relation to the small retailer, in accordance with the request, on and from the dates so specified.
8.7 Authorisation to disclose CDR data before being required to do so
(1) This clause applies in relation to a request for disclosure of CDR data that has been made to a retailer in accordance with Part 2, Part 3 or Part 4 of these rules (the relevant data request Part) if:
(b) the requested CDR data is any of the following:
(i) required product data;
(ii) voluntary product data;
(iii) required consumer data;
(iv) voluntary consumer data; and
(c) the requested CDR data includes some pre‑application CDR data.
(2) For these rules, the retailer may disclose any or all of the pre‑application CDR data in response to the request in accordance with the relevant data request Part.
(3) In this clause, pre‑application CDR data means CDR data that, but for the operation of this Part, the data holder would be required or authorised by the relevant data request Part to disclose in response to the request.
Part 9—Other rules, and modifications of these rules, for the energy sector
9.1 Laws relevant to the management of CDR data—energy sector
For paragraph (f) of the definition of “law relevant to the management of CDR data” in rule 1.7 of these rules:
(a) the National Electricity Law; and
(b) the National Energy Retail Law; and
(c) the Electricity Industry Act 2000 (Vic);
are laws relevant to the management of CDR data in relation to the energy sector.
9.2 Conditions for accredited person to be data holder
(1) For paragraph 56AJ(4)(c) of the Act, this clause sets out conditions for a person that has collected CDR data in accordance with a consumer data request under Division 4.3 of these rules to be a data holder (rather than an accredited data recipient) of that CDR data and any CDR data that it directly or indirectly derived from that CDR data (together, the relevant CDR data).
(2) The conditions are that:
(a) the person is a retailer; and
(b) the CDR data is information covered by item 1, 3 or 5 of the table in section 12 of the of the energy sector designation instrument; and
Note: These are the types of information for which a retailer is designated as a data holder under the designation instrument.
(c) the CDR consumer is a customer of the person; and
(d) the person:
(i) reasonably believes that the relevant CDR data is relevant to the arrangement with the CDR consumer; and
(ii) has asked the CDR consumer to agree to the person being a data holder, rather than an accredited data recipient, of the relevant CDR data; and
(iii) has explained to the CDR consumer:
A) that, as a result, the privacy safeguards, to the extent that they apply to an accredited data recipient of CDR data, would no longer apply to the person in relation to the relevant CDR data; and
(B) that the privacy safeguards applicable to a data holder will instead apply to the person in relation to the relevant CDR data; and
(C) the manner in which the person proposes to treat the relevant CDR data; and
(D) why the person is entitled to provide the CDR consumer with this option; and
(iv) has outlined the consequences, to the CDR consumer, of not agreeing to this; and
(e) the CDR consumer has agreed to the person being a data holder, rather than an accredited data recipient, of the relevant CDR data.
Related modifications of these rules
(3) If a person becomes a data holder, rather than an accredited data recipient, of CDR data as a result of subsection 56AJ(4) of the Act and this clause:
(b) for paragraph 4.26(1)(h) of these rules, any authorisations to disclose CDR data in relation to the consumer data request expire; and
(c) if the person’s accreditation has been surrendered or revoked, the following do not apply to the person in relation to that CDR data:
(i) subrule 5.23(2);
(ii) paragraph 5.23(3)(b).
9.3 Consultation by Data Recipient Accreditor (rule 5.4)
For paragraph 5.4(1)(c), the AER and the Essential Services Commission of Victoria are specified as authorities that the CDR Accreditor may consult with.
9.4 AEMO not to appear on Registrar’s database (rule 5.25)
For the purposes of subrule 5.25(1), AEMO is not to be treated as a data holder.
Note: The function of the database to be maintained under subrule 5.25(1) is to provide information for the making of consumer data requests to data holders. Since requests for AEMO data will be made to the relevant retailer, the database will not require details relating to AEMO.
9.5 Grounds for revocation, suspension and surrender of accreditation—energy sector
For item 5 of the table in rule 5.17:
(a) the relevant condition is that the accredited person was, at the time of the accreditation, a retailer; and
(b) the accredited person ceases to satisfy the condition if its authorisation or licence to sell electricity in the National Electricity Market has been suspended or revoked.