Treasury Laws Amendment (Consumer Data Right) Act 2019 (63 of 2019)

Schedule 1   Consumer data right

Part 2   Other amendments

Competition and Consumer Act 2010

70   After section 157A

Insert:

157AA Disclosure of CDR-related information by Commission

Disclosure to the Information Commissioner

(1) The Commission or a Commission official may disclose to:

(a) the Information Commissioner; or

(b) any staff or consultant assisting the Information Commissioner in performing that Commissioner's functions, or exercising that Commissioner's powers, relating to Part IVD or the consumer data rules;

any information that the Commission obtains under this Act, or the consumer data rules, that is relevant or likely to be relevant to the functions or powers referred to in paragraph (b).

Note: The Privacy Act 1988 also contains provisions relevant to the use and disclosure of information.

(2) The Information Commissioner or a person mentioned in paragraph (1)(b) must only use the information:

(a) for a purpose connected with the performance of the functions, or the exercise of the powers, referred to in paragraph (1)(b); and

(b) in accordance with any conditions imposed under subsection (4).

Disclosure to a foreign agency

(3) The Commission or a Commission official may disclose to:

(a) an agency having the function in a foreign country of supervising or regulating the disclosure of similar information to that covered by an instrument designating a sector under subsection 56AC(2); or

(b) an agency, that is prescribed by the regulations, of a foreign country;

any information that the Commission obtains:

(c) under this Act in relation to Part IVD or the consumer data rules; or

(d) under the consumer data rules.

Conditions

(4) The Commission or a Commission official may impose conditions to be complied with in relation to information disclosed under subsection (1) or (3).

Definitions

(5) In this section:

Commission official means:

(a) a member, or associate member, of the Commission; or

(b) a person referred to in subsection 27(1); or

(c) a person engaged under section 27A.

foreign country includes a region where:

(a) the region is a colony, territory or protectorate of a foreign country; or

(b) the region is part of a foreign country; or

(c) the region is under the protection of a foreign country; or

(d) a foreign country exercises jurisdiction or control over the region; or

(e) a foreign country is responsible for the region's international relations.