Treasury Laws Amendment (2020 Measures No. 6) Act 2020 (141 of 2020)

Schedule 2   Amendments of the consumer data right

Part 1   Initial amendments

Competition and Consumer Act 2010

6   At the end of Division 1 of Part IVD

Add:

Subdivision F - Application to acts done by or in relation to agents etc. of CDR entities

56AU Acts done by or in relation to agents etc. of CDR entities

Conduct of agents etc. of a CDR entity attributable to the CDR entity

(1) For the purposes of this Part and the consumer data rules, each of the following provisions applies to a CDR entity who is not a body corporate in a corresponding way to the way that provision applies to a CDR entity who is a body corporate:

(a) section 84 of this Act;

(b) section 97 of the Regulatory Powers Act (to the extent that it applies in relation to a provision of this Part).

Acts done in relation to an agent of a CDR entity taken to be done in relation to the CDR entity

(2) For the purposes of this Part and the consumer data rules, if an act is done by a person in relation to another person (the agent ) who:

(a) is acting on behalf of a CDR entity; and

(b) is so acting within the agent's actual or apparent authority;

the act is taken to have also been done in relation to the CDR entity.

Definitions

(3) In this section:

CDR entity means any of the following:

(a) a data holder of CDR data;

(b) an accredited person;

(c) a designated gateway for CDR data.