Competition and Consumer (Consumer Data Right–Data Standards Advisory Committee) Instrument 2022

Competition and Consumer (Consumer Data Right—Data Standards Advisory Committee) Instrument 2022

made under the Competition and Consumer Act 2010

Compilation No. 01

Compilation date: 19 December 2023

Includes amendments up to: Competition and Consumer (Consumer Data Right—Data Standards Advisory Committee) Amendment Instrument 2023

Prepared by The Treasury

About this compilation

This compilation

This is a compilation of the Competition and Consumer (Consumer Data Right—Data Standards Advisory Committee) Instrument 2022 that shows the text of the law as amended and in force on 19 December 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1  Name

3  Authority

4  Definitions

Part 2—Data Standards Advisory Committee

5  Establishment of the Data Standards Advisory Committee

6  Functions of the Data Standards Advisory Committee

7  Membership of the Data Standards Advisory Committee

8  Procedures of the Data Standards Advisory Committee

9  Observers

Endnotes

About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the Competition and Consumer (Consumer Data Right–Data Standards Advisory Committee) Instrument 2022.

3  Authority

  This instrument is made under the Competition and Consumer Act 2010.

4  Definitions

Note: Paragraph 13(1)(b) of the Legislation Act 2003 has the effect that expressions have the same meaning in this instrument as in the Competition and Consumer Act 2010 as in force from time to time.

  In this instrument:

the Act means the Competition and Consumer Act 2010.

Part 2—Data Standards Advisory Committee

5  Establishment of the Data Standards Advisory Committee

  Under subsection 56FH(2) of the Act, the Data Standards Advisory Committee is established with the functions, membership and procedures as set out in this Part.

6  Functions of the Data Standards Advisory Committee

  The functions of the Data Standards Advisory Committee are:

 (a) at the request of the Data Standards Chair, to provide advice to the Chair about data standards in relation to a designated sector; and

 (b) any other matter referred to the Committee by the Data Standards Chair.

7  Membership of the Data Standards Advisory Committee

Appointment of members

 (1) The Data Standards Advisory Committee must consist of:

 (a) at least 1 consumer representative; and

 (b) at least 1 privacy representative; and

 (c) as many other members as the Data Standards Chair appoints from time to time.

 (2) Members of the Data Standards Advisory Committee are to be appointed by the Data Standards Chair, by notifiable instrument, on a part-time basis, for such a period not exceeding 12 months, as is specified in the instrument.

 (3) The terms and conditions of an appointment are those determined by the Data Standards Chair in the instrument of appointment.

Termination of appointment and resignation

 (4) The Data Standards Chair may terminate an appointment to the Data Standards Advisory Committee at any time.

 (5) An appointee to the Committee may resign his or her appointment by giving the Data Standards Chair a written resignation.

 (6) The resignation takes effect on the day it is received by the Data Standards Chair or, if a later day is specified in the resignation, on that later day.

8  Procedures of the Data Standards Advisory Committee

 (1) The Data Standards Advisory Committee must meet at least 6 times each calendar year.

 (2) Meetings of the Data Standards Advisory Committee are to be chaired by the Data Standards Chair.

 (2A) If the Data Standards Chair is not available to chair a meeting of the Data Standards Advisory Committee, the Data Standards Chair may authorise an SES employee in the Department to chair the meeting.

 (3) The Data Standards Advisory Committee must keep minutes of its meetings.

 (4) The Data Standards Advisory Committee must make its minutes available in a timely manner for public inspection on the internet.

 (5) Otherwise, the Data Standards Advisory Committee may determine its own procedural rules (including rules as to notice of meetings, quorum and voting).

9  Observers

Role of the observer

 (1) An observer of the Data Standards Advisory Committee:

 (a) is entitled to receive notice of meetings of the Data Standards Advisory Committee; and

 (b) may attend any meeting of the Committee and watch the proceedings of any meeting of the Committee.

Who can be an observer

 (2) Any of the following may choose to be an observer, or choose to send a representative as an observer:

 (a) the Chairperson of the Commission;

 (b) the Information Commissioner;

 (c) the Secretary to the Treasury.

 (3) The Data Standards Chair may invite any other person to be an observer at a meeting of the Data Standards Advisory Committee.

Endnotes

About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history