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

Administered by Department of the Treasury

Legislation au F2022N00192 In force Notifiable Instrument

Legislation content

 

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

 

ad = added or inserted

orig = original

 

 

am = amended

par = paragraph(s)/subparagraph(s)

 

 

amdt = amendment

/sub‑subparagraph(s)

 

 

c = clause(s)

pres = present

 

 

C[x] = Compilation No. x

prev = previous

 

 

Ch = Chapter(s)

(prev…) = previously

 

 

def = definition(s)

Pt = Part(s)

 

 

Dict = Dictionary

r = regulation(s)/rule(s)

 

 

disallowed = disallowed by Parliament

reloc = relocated

 

 

Div = Division(s)

renum = renumbered

 

 

exp = expires/expired or ceases/ceased to have

rep = repealed

 

 

effect

rs = repealed and substituted

 

 

F = Federal Register of Legislation

s = section(s)/subsection(s)

 

 

gaz = gazette

Sch = Schedule(s)

 

 

LA = Legislation Act 2003

Sdiv = Subdivision(s)

 

 

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

 

 

(md not incorp) = misdescribed amendment

SR = Statutory Rules

 

 

cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

 

 

mod = modified/modification

SubPt = Subpart(s)

 

 

No. = Number(s)

underlining = whole or part not

 

 

o = order(s)

commenced or to be commenced

 

 

Ord = Ordinance

 

 

 

 

 

 

 

 

 

 

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

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

24 August 2022

(F2022N00192)

25 August 2022

—

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

18 December 2023

(F2023N00626)

19 December 2023

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

s2

rep s48D LA

s8

am F2023N00626

 

Overview

The Competition and Consumer (Consumer Data Right—Data Standards Advisory Committee) Instrument 2022, enacted under the Competition and Consumer Act 2010, was introduced to establish a Data Standards Advisory Committee that would advise on data standards in relation to a designated sector. This legislation was formulated by the Parliament of Australia, aiming to ensure that data standards are effectively developed and implemented to support the Consumer Data Right. The primary objective of the Act is to facilitate better access to consumer data across different sectors, thereby enhancing competition and consumer choice in the market. The Data Standards Advisory Committee, established by this instrument, comprises at least one consumer representative and one privacy representative, with additional members appointed by the Data Standards Chair. The Committee is tasked with providing expert advice on data standards, ensuring that these standards align with the needs of consumers and the broader market. The establishment of this Committee addresses the need for a structured and expert-driven approach to developing data standards, ultimately contributing to a more competitive and consumer-focused marketplace.

Scope and Application

The Competition and Consumer (Consumer Data Right–Data Standards Advisory Committee) Instrument 2022 establishes the Data Standards Advisory Committee under the Competition and Consumer Act 2010. This committee is tasked with providing advice to the Data Standards Chair on data standards relating to designated sectors and any other matters referred by the Chair. The committee must include at least one consumer representative and one privacy representative, with additional members appointed by the Data Standards Chair. These members serve on a part-time basis for terms not exceeding 12 months. The committee is required to convene at least six times a year, maintain meeting minutes, and make these minutes publicly available online. The Data Standards Chair holds the authority to terminate appointments and may invite observers, including the Chairperson of the Commission, the Information Commissioner, and the Secretary to the Treasury, to attend committee meetings. The instrument allows for the amendment of its provisions through subordinate legislation, ensuring that the committee can adapt to new requirements and contexts. The application of this instrument is confined to the establishment and functioning of the Data Standards Advisory Committee within the framework of the Competition and Consumer Act 2010. Its jurisdictional reach is aligned with the broader objectives of the Act, which operates at the Commonwealth level. There are no explicit exclusions, exemptions, or thresholds mentioned within the text of this instrument, suggesting that its provisions apply uniformly to all designated sectors and relevant stakeholders as determined by the Data Standards Chair. Any future modifications or uncommenced amendments to this instrument can be accessed on the legislative register.

Key Provisions

The Competition and Consumer (Consumer Data Right—Data Standards Advisory Committee) Instrument 2022, as amended, establishes the Data Standards Advisory Committee under the Competition and Consumer Act 2010. The primary sections of the Instrument outline the establishment, functions, membership, and procedures of the Committee (sections 5-9). The Data Standards Advisory Committee is tasked with providing advice to the Data Standards Chair on data standards in designated sectors and any other matters referred to it by the Chair (section 6). Membership of the Committee must include at least one consumer representative and one privacy representative, with additional members appointed by the Data Standards Chair (section 7). The Committee is required to meet at least six times a year, with meetings chaired by the Data Standards Chair or an authorised Departmental employee in the Chair's absence (section 8). The Committee must maintain and publicly release minutes of its meetings in a timely manner (section 8(3) and (4)). The Act imposes several obligations on the Data Standards Advisory Committee and its members. Members are appointed by the Data Standards Chair and serve on a part-time basis for terms not exceeding 12 months (section 7(1) and (2)). The Data Standards Chair has the authority to terminate appointments and members can resign by providing written notice to the Chair (section 7(4) and (5)). The Committee is required to adhere to specific procedural rules, including timely public availability of meeting minutes, while otherwise determining its own procedural rules (section 8(5)). The Committee can also invite observers to its meetings, which include the Chairperson of the Commission, the Information Commissioner, and the Secretary to the Treasury, among others (section 9). Breaches of the requirements set forth in the Instrument may result in various consequences. Although the specific penalties are not detailed in the text, breaches of the Competition and Consumer Act 2010 can lead to substantial civil and criminal penalties. Civil penalties can include pecuniary penalties of up to $1.5 million for corporations and lesser amounts for individuals, depending on the severity and nature of the breach. Criminal penalties may include fines and imprisonment, with the exact penalties varying based on the specific breach and jurisdiction. Additionally, non-compliance with the public availability of meeting minutes and other procedural obligations may lead to administrative actions or judicial review, further emphasising the importance of adherence to the stipulated requirements.

Legal classification tags

Area of Law
Competition Law
Consumer Law
Technology Law
Instrument
Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards
Licensing & Registration
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.