Competition and Consumer (Consumer Data Right—Participating Victorian Government entity) Declaration 2022

Overview

The Competition and Consumer (Consumer Data Right—Participating Victorian Government entity) Declaration 2022 was enacted to address the need for a framework to govern the participation of Victorian government entities in the Consumer Data Right (CDR) scheme under the Competition and Consumer Act 2010. This notifiable instrument was introduced by Jane Hume, the Minister for Superannuation, Financial Services and the Digital Economy, and Minister for Women's Economic Security, and it is made under the authority of the Act. The primary policy objective of this declaration is to facilitate the participation of the Department of State, administered by the Minister of Victoria administering the National Electricity (Victoria) Act 2005, as a participating entity in the CDR system, thereby ensuring the enforcement of consumer data rights and obligations in Victoria. The declaration sets the stage for the application of the CDR provisions and rules to this participating entity, effective from 15 November 2022.

Scope and Application

The Competition and Consumer (Consumer Data Right—Participating Victorian Government entity) Declaration 2022 applies to all or a part of the Department of State, which is administered by the Minister of Victoria administering the National Electricity (Victoria) Act 2005. This instrument declares this entity as a participating entity for the State of Victoria under the Competition and Consumer Act 2010. The declaration ensures that the provisions of Part IVD of the Competition and Consumer Act 2010, along with regulations made for the purposes of that Part and the consumer data rules, apply to this State government entity in accordance with the Act. This instrument is made under the authority of the Competition and Consumer Act 2010 and is effective from the day after it is registered. The meaning of the tranche 1 (VA) date is also specified as 15 November 2022 for the purposes of the definition in clause 8.1 of Schedule 4 to the Competition and Consumer (Consumer Data Right) Rules 2020. The application of this instrument is limited to the participating Victorian Government entity and does not extend to any other entities, persons, or industries outside the scope of the specified declaration.

Key Provisions

The Competition and Consumer (Consumer Data Right—Participating Victorian Government entity) Declaration 2022 (the "Declaration") declares that the Department of State, administered by the Minister of Victoria administering the National Electricity (Victoria) Act 2005 (Vic.), is a participating entity under the Competition and Consumer Act 2010 (the "Act") for the State of Victoria. This declaration is made under subsection 56AS(1) of the Act and requires the participating entity to adhere to the provisions of Part IVD of the Act, the regulations made for the purposes of that Part, and the consumer data rules (section 5). The Declaration also specifies that the tranche 1 (VA) date, as defined in clause 8.1 of Schedule 4 to the Competition and Consumer (Consumer Data Right) Rules 2020, is 15 November 2022 (section 6). The Declaration imposes obligations on the participating entity to comply with the Consumer Data Right (CDR) framework established by Part IVD of the Act. The CDR allows consumers to direct businesses to share their data with another business, and the participating entity must facilitate this data sharing process in accordance with the consumer data rules (subsection 56AR(4) of the Act). Additionally, the participating entity must ensure that any data it holds is accurate, up-to-date, and properly protected, and must adhere to any obligations imposed by the CDR Rules. The entity must also ensure that it has appropriate safeguards in place to protect the privacy and security of the data it holds. Breach of the obligations imposed by the Declaration, or failure to comply with the provisions of the CDR, may result in civil or criminal penalties. Under the Act, the Australian Competition and Consumer Commission (ACCC) has the authority to take enforcement action against entities that breach the CDR provisions, including the power to seek penalties for contraventions. The maximum penalties for contravening the CDR provisions can include fines of up to $50 million for corporations and up to $1 million for individuals, as well as potential criminal penalties for serious or repeated breaches. The ACCC may also seek injunctive relief or other remedies to ensure compliance with the CDR provisions.