Competition and Consumer Amendment (Consumer Data Right Measures No. 2) Regulations 2022

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated  15 September 2022

David Hurley

Governor‑General

By His Excellency’s Command

Stephen Jones
Assistant Treasurer

Minister for Financial Services

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Competition and Consumer Regulations 2010

1  Name

  This instrument is the Competition and Consumer Amendment (Consumer Data Right Measures No. 2) Regulations 2022.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Competition and Consumer Act 2010.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Competition and Consumer Regulations 2010

1  After regulation 28RA

Insert:

28RAA  Modification of authorisation to disclose CDR data before being required to do so—initial and larger retailers

  For the purposes of paragraph 56GE(2)(c) (modifications) of the Act, this regulation declares that clause 8.7 of Schedule 4 to the Competition and Consumer (Consumer Data Right) Rules 2020 applies in relation to:

 (a) initial retailers (within the meaning of Part 8 of that Schedule); and

 (b) larger retailers (within the meaning of Part 8 of that Schedule);

in relation to the classes of CDR data referred to in subparagraphs (1)(b)(i) to (iv) of that clause as if that clause were modified by omitting paragraph (1)(a).