Competition and Consumer (Consumer Data Right—Participating Tasmanian Government Entity) Declaration 2024
I, Stephen Jones, Assistant Treasurer and Minister for Financial Services, being satisfied that the Tasmanian Government has agreed to the entity specified in this declaration participating under Part IVD of the Competition and Consumer Act 2010, as required by subsection 56AS(2) of that Act, make the following declaration.
Dated 1 June 2024
Stephen Jones
Assistant Treasurer
Minister for Financial Services
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Participating entity
5 Participating Tasmanian government entity
Part 1—Preliminary
1 Name
This instrument is the Competition and Consumer (Consumer Data Right—Participating Tasmanian Government Entity) Declaration 2024.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | 1 July 2025. | 1 July 2025 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Competition and Consumer Act 2010.
4 Definitions
Note: Expressions have the same meaning in this instrument as in the Competition and Consumer Act 2010 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.
In this instrument:
ABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999.
the Act means the Competition and Consumer Act 2010.
Part 2—Participating entity
5 Participating Tasmanian government entity
Under subsection 56AS(1) of the Act, Aurora Energy Pty Ltd (ABN 85 082 464 622) is declared to be a participating entity for the State of Tasmania.
Note: Under subsection 56AR(2) of the Act, the provisions of Part IVD of the Act, regulations made for the purposes of that Part and the consumer data rules, apply in accordance with subsection 56AR(4) of the Act, to State or Territory government entities that are declared to be participating entities for the State or Territory under subsection 56AS(1) of the Act.
Overview
The Competition and Consumer (Consumer Data Right—Participating Tasmanian Government Entity) Declaration 2024, made by Stephen Jones, the Assistant Treasurer and Minister for Financial Services, identifies Aurora Energy Pty Ltd as a participating entity for the State of Tasmania under the Competition and Consumer Act 2010. This declaration was enacted to facilitate the participation of specific Tasmanian government entities in the Consumer Data Right framework, as required by the Act. The instrument was made under the authority of the Competition and Consumer Act 2010, with the aim of ensuring that the provisions of Part IVD of the Act, along with the consumer data rules, apply to Aurora Energy Pty Ltd to allow it to participate in the Consumer Data Right scheme for Tasmania. The primary objective of this declaration is to enhance data sharing and consumer choice within the Tasmanian government sector, thereby promoting competition and consumer welfare.
Scope and Application
The Competition and Consumer (Consumer Data Right—Participating Tasmanian Government Entity) Declaration 2024I specifies that Aurora Energy Pty Ltd (ABN 85 082 464 622) is declared as a participating entity for the State of Tasmania under subsection 56AS(1) of the Competition and Consumer Act 2010. This declaration applies to the geographic jurisdiction of Tasmania and encompasses entities such as Aurora Energy Pty Ltd, which is recognised as a participating entity for the purposes of the Consumer Data Right provisions in the Act. The declaration ensures that the provisions of Part IVD of the Act, along with any regulations and consumer data rules made under that Part, apply to Aurora Energy as per subsection 56AR(4) of the Act. The Act's provisions extend to entities and conduct within Tasmania, with the declaration being effective from 1 July 2025 as per the commencement provisions outlined in the instrument. The Act applies to the entity's participation in the Consumer Data Right framework, facilitating the sharing of consumer data under the regulatory scheme established by the Competition and Consumer Act 2010.
Key Provisions
The primary provision of the Competition and Consumer (Consumer Data Right—Participating Tasmanian Government Entity) Declaration 2024 (paragraph 5) is the declaration of Aurora Energy Pty Ltd (ABN 85 082 464 622) as a participating entity for the State of Tasmania under subsection 56AS(1) of the Competition and Consumer Act 2010. This declaration is made by Stephen Jones, the Assistant Treasurer and Minister for Financial Services, and is effective from 1 July 2025. The Act and related regulations, along with the consumer data rules, apply to Aurora Energy as a result of this declaration, in accordance with subsection 56AR(4) of the Act. The instrument is authorised under the Competition and Consumer Act 2010 and defines terms such as "ABN" and "the Act" to have the same meanings as in the Competition and Consumer Act 2010 as in force from time to time.
The obligations and requirements imposed on Aurora Energy as a participating entity include compliance with the provisions of Part IVD of the Competition and Consumer Act 2010, any regulations made for the purposes of that Part, and the consumer data rules. These obligations ensure that Aurora Energy adheres to the legal framework governing the Consumer Data Right, facilitating the sharing and use of consumer data in a manner that protects consumer interests and promotes fair competition. Additionally, Aurora Energy must ensure that its operations and data practices align with the broader objectives of the Competition and Consumer Act 2010, which include protecting consumers and promoting fair trading.
Failure to comply with the obligations and requirements set out in the Competition and Consumer Act 2010, the regulations, and the consumer data rules can result in various civil or criminal consequences. Under the Competition and Consumer Act 2010, penalties for breaches may include fines, injunctions, and corrective notices. The maximum penalties for contravening provisions of the Act can be substantial, with the exact amount depending on the specific nature and severity of the breach. For instance, for corporations, the maximum penalty for serious or repeated contraventions can be up to $10 million or three times the benefit obtained from the contravention, whichever is the greater. Additionally, individuals responsible for managing the entity may face personal penalties, including fines and imprisonment, if they are found to have been negligent or complicit in the breach.