Competition and Consumer (Consumer Data Right—Data Standards Advisory Committee) Amendment Instrument 2023

Overview

The Competition and Consumer (Consumer Data Right—Data Standards Advisory Committee) Amendment Instrument 2023 (F2023N00626) was enacted to amend the existing Competition and Consumer (Consumer Data Right—Data Standards Advisory Committee) Instrument 2022. This notifiable instrument was made under the authority of the Competition and Consumer Act 2010. It aims to enhance the functioning and governance of the Data Standards Advisory Committee by increasing the mandatory meeting frequency and providing a contingency plan for chairing duties. The enactment of this instrument by the relevant authority addresses the need for more structured and regular oversight of data standards within the Consumer Data Right framework. The primary policy objective is to ensure that the Data Standards Advisory Committee operates efficiently and effectively, thereby supporting the broader goals of the Consumer Data Right initiative in Australia.

Scope and Application

The Competition and Consumer (Consumer Data Right—Data Standards Advisory Committee) Amendment Instrument 2023 amends the Competition and Consumer (Consumer Data Right–Data Standards Advisory Committee) Instrument 2022, which is primarily concerned with the establishment and operation of the Data Standards Advisory Committee under the Competition and Consumer Act 2010. The Act applies to the Data Standards Advisory Committee, specifically to its members and operations. The amendment introduces new requirements for the frequency of meetings, mandating that the Committee must convene at least six times each year, and provides a mechanism for the delegation of chairing duties in the absence of the Data Standards Chair. This legislative amendment extends to the entire Commonwealth of Australia, aligning with the jurisdictional reach of the parent act. The instrument does not explicitly state any exclusions or thresholds but operates within the parameters of the Competition and Consumer Act 2010, which may encompass various entities and conduct across different industries.

Key Provisions

The Competition and Consumer (Consumer Data Right—Data Standards Advisory Committee) Amendment Instrument 2023 (the "Instrument") introduces modifications to the existing legislative framework under the Competition and Consumer (Consumer Data Right—Data Standards Advisory Committee) Instrument 2022. Specifically, section 1 of the Instrument provides that the Data Standards Advisory Committee must convene at least six times annually (section 8(1)). This amendment aims to ensure that the committee remains active and engaged in its duties throughout the year. Additionally, section 1 introduces a new subsection 8(2A), which allows the Data Standards Chair to delegate the responsibility of chairing a meeting to a Senior Executive Service (SES) employee within the Department if the Chair is unavailable. This provision provides flexibility in maintaining the committee's operations without disruption. Under this Instrument, the Data Standards Advisory Committee is now required to meet at least six times each year, reflecting an increased commitment to regular oversight and review of data standards (section 8(1)). The committee’s responsibilities include advising on the development and maintenance of data standards that facilitate the Consumer Data Right (CDR). The requirement for regular meetings aims to ensure that the committee can effectively monitor and respond to emerging issues within the data standards landscape. Furthermore, if the Data Standards Chair is unable to chair a meeting, the Chair may delegate this responsibility to an SES employee in the Department (section 8(2A)). This delegation provision ensures continuity and efficiency in the committee's operations, preventing potential delays or disruptions due to the unavailability of the Chair. The Instrument also mandates that each provision within it commences on the day after it is registered (section 2(1)). This commencement clause is crucial for ensuring that the amendments take effect promptly upon registration, thereby maintaining the integrity and timeliness of the legislative changes. Additionally, the Instrument notes that any information in column 3 of the commencement table is not part of the Instrument itself and may be edited in any published version (section 2(2)). This clarification is intended to prevent any misinterpretation regarding the commencement dates and other details that may be included in future publications of the Instrument. In terms of legal consequences, the Instrument does not explicitly outline specific offences, penalties, or consequences for non-compliance with its provisions. However, given that the amendments are made under the authority of the Competition and Consumer Act 2010, any failure to comply with the requirements set out in the Instrument could potentially lead to legal repercussions under that Act. The Competition and Consumer Act 2010 provides for various civil and criminal penalties for non-compliance with its provisions, including fines and imprisonment. While the Instrument itself does not specify penalties, the overarching framework under which it operates does provide for stringent measures to ensure adherence to the legislative requirements. In summary, the Competition and Consumer (Consumer Data Right—Data Standards Advisory Committee) Amendment Instrument 2023 introduces significant changes to the frequency and operational flexibility of the Data Standards Advisory Committee. It mandates regular meetings and provides for the delegation of chairing duties, ensuring that the committee can effectively carry out its functions. The Instrument's provisions commence on the day after registration, and while it does not specify penalties for non-compliance, the broader legislative framework under which it operates provides for substantial legal consequences for any breaches.