Competition and Consumer (Consumer Data Right—Data Standards Advisory Committee) Appointment 2025

Overview

The Competition and Consumer (Consumer Data Right—Data Standards Advisory Committee) Appointment 2025I, enacted in 2025, aims to address the need for a knowledgeable and diverse advisory body to guide the implementation and evolution of data standards within the Consumer Data Right framework. This instrument was introduced by Dr Ian Oppermann, Data Standards Chair, under rule 8.4 of the Competition and Consumer (Consumer Data Right) Rules 2020 and paragraph 56FH(2)(a) of the Competition and Consumer Act 2010. The policy objective of this legislation is to ensure that the Data Standards Advisory Committee comprises individuals with expertise in consumer representation, privacy, and various other relevant fields, thereby fostering balanced and informed decision-making processes that protect consumer interests while facilitating innovation and competition in the data-driven marketplace.

Scope and Application

The Competition and Consumer (Consumer Data Right—Data Standards Advisory Committee) Appointment 2025I pertains to the appointment of individuals to the Data Standards Advisory Committee under the Competition and Consumer Act 2010. This notifiable instrument specifically appoints members to this committee, which plays a crucial role in shaping and advising on data standards within the Consumer Data Right framework. The committee includes a mix of representatives from consumer and privacy sectors, as well as other relevant experts, appointed on a part-time basis for a one-year term commencing on 1 August 2025. The legislation outlines the committee’s composition, which is intended to ensure a balanced perspective in developing data standards that protect consumer interests and privacy. The Act applies to these appointed individuals and their roles within the committee, and their appointment is made under the authority granted by the Competition and Consumer (Consumer Data Right) Rules 2020. The jurisdictional reach of this Act is limited to the Commonwealth of Australia, and it does not specify exclusions, exemptions, or thresholds relevant to the committee's function.

Key Provisions

The key operative sections of the legislation (F2025N00633) are found in the appointment of the Data Standards Advisory Committee members, as outlined in the notifiable instrument. Section 1 provides the authority for these appointments under rule 8.4 of the Competition and Consumer (Consumer Data Right) Rules 2020 and paragraph 56FH(2)(a) of the Competition and Consumer Act 2010. The named individuals are appointed as members of the committee, each serving on a part-time basis for a period of one year commencing on 1 August 2025. This includes a consumer representative, a privacy representative, and other members selected to bring a diverse range of expertise to the committee. The appointed members of the Data Standards Advisory Committee are required to contribute their specialised knowledge to the development and oversight of data standards under the Consumer Data Right framework. Each member, including the consumer representative Tim Ryan and privacy representative Peter Leonard, must adhere to the committee's mandate to ensure that the standards serve the public interest and foster fair and efficient markets. The other members, such as Lyria Bennett Moses and Gavin Leon, are expected to collaborate effectively with the committee to fulfil its objectives. Their roles likely involve providing insights into technical, legal, and consumer perspectives relevant to data standards. Failure to comply with the duties and responsibilities outlined for committee members may result in various consequences. While the legislation does not specify detailed penalties, breaches of the committee's mandate could lead to administrative or legal actions under the Competition and Consumer Act 2010. This could include disciplinary measures against the members for non-performance or misconduct, which might culminate in the revocation of their appointments. Additionally, any failure to uphold the committee's objectives could potentially impact the integrity and effectiveness of the Consumer Data Right framework, leading to broader regulatory scrutiny. The legislation sets forth the appointments with clear terms and conditions, emphasising the importance of each member's role in ensuring the effective functioning of the Data Standards Advisory Committee. The specified period of one year, starting on 1 August 2025, provides a framework within which the committee can operate, develop necessary standards, and provide recommendations to relevant authorities. The appointments are made to ensure a balanced representation of interests, including consumer and privacy perspectives, which is crucial for the committee's effectiveness in advising on data standards.