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

Schedule 2   Amendments of the consumer data right

Part 2   Later amendments

Competition and Consumer Act 2010

36   Subdivision C of Division 2 of Part IVD

Repeal the Subdivision, substitute:

Subdivision C - Process for making consumer data rules etc.

56BP Minister's tasks before making the rules

Before making consumer data rules under subsection 56BA(1), the Minister must:

(a) consider the kinds of matters referred to in paragraphs 56AD(1)(a) and (b) in relation to the making of the rules; and

(b) be satisfied that the Secretary of the Department has complied with section 56BQ in relation to the making of the rules; and

(c) wait at least 60 days after the day public consultation begins under paragraph 56BQ(b) about the making of the rules.

56BQ Secretary must arrange for consultation and report before the rules are made

The Secretary of the Department complies with this section in relation to the making of consumer data rules if the Secretary arranges for all of the following:

(a) an analysis of the kinds of matters referred to in paragraphs 56AD(1)(a) and (b) in relation to the making of the rules;

(b) public consultation about the making of the rules:

(i) for at least 28 days; and

(ii) in one or more ways that includes making information available on the Department's website and inviting the public to comment;

(c) consultation with each of the following about the making of the rules:

(i) the Commission;

(ii) the Information Commissioner;

(iii) the person or body (if any) that the Secretary believes to be the primary regulator of the sector;

(iv) any person or body prescribed by the regulations;

(d) the preparation of a report for the Minister about that analysis and consultation.

56BR Commission and Information Commissioner must analyse the proposed rules

When consulted under paragraph 56BQ(c), the Commission and the Information Commissioner must each analyse the kinds of matters referred to in paragraphs 56AD(1)(a) and (b) in relation to the making of the rules.

56BS Emergency rules: public consultation not required etc.

(1) The Minister may make consumer data rules under subsection 56BA(1):

(a) without complying with paragraph 56BP(b) or (c); but

(b) after consulting the Commission and Information Commissioner;

if the Minister believes (whether or not that belief is reasonable) that it is necessary to do so in order to avoid a risk of serious harm to:

(c) the efficiency, integrity or stability of any aspect of the Australian economy; or

(d) the interests of consumers.

Note: The Minister still needs to comply with paragraph 56BP(a).

(2) However, a failure to comply with paragraph (1)(b) of this section does not invalidate consumer data rules made as described in subsection (1).

Note: Such rules may have a limited life (see section 56BT).

56BT Emergency rules: consequences if made

If:

(a) the Minister makes consumer data rules as described in subsection 56BS(1) (the emergency rules ); and

(b) the emergency rules are made without consulting either the Commission or the Information Commissioner, or both;

the emergency rules cease to be in force 6 months after the day they are made.

Note: If the emergency rules vary other consumer data rules, this section causes only the emergency rules to cease to be in force.

56BTA Other matters

A failure to comply with section 56BP, 56BQ or 56BR does not invalidate consumer data rules made under subsection 56BA(1).