Affected provisions

1. 1: Title
   Updated the Act's title to reflect the new year
2. 1: Transitional, savings, and related provisions
   Added a new transitional provision to Schedule 1
3. 2: Commencement
   Changed the commencement date of the Act
4. 3: Purpose
   Amended the purpose of the Act to focus on the value of data for customers and society
5. 5: Interpretation
   Updated various definitions in section 5 to reference new section numbers
6. 8: Customer, customer data, and designated customer data
   Updated the definition of 'Customer' and 'Designated customer data'
7. 9: Product, product data, and designated product data
   Updated the definition of 'Customer' and 'Designated customer data'
8. 11: Territorial application of Act
   Clarified the territorial application of the Act
9. 14: Data holder must provide customer data to customer
   Introduced new requirements for data holders to verify the identity of requestors
10. 15: Data holder must provide customer data to accredited requestor if customer’s authorisation is confirmed
    Introduced new requirements for data holders to verify the identity of requestors
11. 16: Data holder may or must refuse request for data in certain circumstances
    Updated provision numbers and references throughout the Act; Updated the provisions for exemptions, levies, and fees
12. 18: Data holder must perform certain actions on customer’s request
    Introduced new requirements for data holders to verify the identity of requestors
13. 19: Data holder must perform certain actions on accredited requestor’s request if customer’s authorisation is confirmed
    Introduced new requirements for data holders to verify the identity of requestors
14. 20: Data holder may or must refuse to perform actions in certain circumstances
    Updated provision numbers and references throughout the Act
15. 21: How data holders and accredited requestors must deal with joint customers
    Updated provision numbers and references throughout the Act
16. 23: Data holder may refuse request for data in certain circumstances
    Updated provision numbers and references throughout the Act
17. 28: Electronic system must comply with prescribed technical or performance requirements
    Updated provision numbers and references throughout the Act
18. 29: Chief executive may require data holder to test electronic system
    Updated provision numbers and references throughout the Act; Introduced new provisions for the chief executive's functions and warnings
19. 32: Requirements for data holders in regulations or standards
    Updated provision numbers and references throughout the Act
20. 33: Accredited requestors must comply with requirements for making information available
    Updated provision numbers and references throughout the Act
21. 35: Contravention of specified disclosure requirement is infringement offence
    Updated provision numbers and references throughout the Act
22. 37: Giving authorisation
    Updated provision numbers and references throughout the Act
23. 38: Ending authorisation
    Updated provision numbers and references throughout the Act
24. 39: Authorisation must be confirmed
    Updated provision numbers and references throughout the Act
25. 40: Customer or secondary user must be able to control authorisation
    Updated provision numbers and references throughout the Act
26. 41: Accredited requestor must comply with prescribed duties in respect of authorisation
    Updated provision numbers and references throughout the Act
27. 42: Authorisation must not be required as condition of providing product
    Updated provision numbers and references throughout the Act
28. 43: Only customer, secondary user, or accredited requestor may request regulated data service
    Updated provision numbers and references throughout the Act; Introduced new provisions for the chief executive to verify applicant identities and impose conditions on accreditation
29. 44: Offence for contravention of request restriction
    Updated provision numbers and references throughout the Act
30. 45: Verification of identity of person who makes request
    Updated provision numbers and references throughout the Act
31. 46: Data holder must keep records about regulated data service
    Updated provision numbers and references throughout the Act; Updated the requirements for accredited requestors to keep records
32. 47: Accredited requestor must keep records about regulated data service
    Updated the requirements for accredited requestors to keep records
33. 48: Data holders and accredited requestors must have customer complaints process
    Updated provision numbers and references throughout the Act
34. 49: Data holder or accredited requestor must be member of dispute resolution scheme (if scheme has been prescribed)
    Updated provision numbers and references throughout the Act
35. 50: Rules of scheme may be changed to provide for complaints about regulated data services
    Updated provision numbers and references throughout the Act
36. 53: Chief executive may require person to supply information or produce documents
    Updated provision numbers and references throughout the Act; Updated the provisions for appeals against accreditation decisions and the operation of the register
37. 54: Person has privileges of witness in court
    Updated provision numbers and references throughout the Act
38. 55: Effect of proceedings
    Updated provision numbers and references throughout the Act
39. 56: Effect of final decision that exercise of powers under section 53 unlawful
    Updated provision numbers and references throughout the Act
40. 57: Offence for failing to comply with notice to supply information or produce documents
    Updated provision numbers and references throughout the Act
41. 61: Prohibition against holding out
    Introduced new provisions for civil liability remedies and pecuniary penalties
42. 62: Infringement offences
    Introduced new provisions for civil liability remedies and pecuniary penalties
43. 63: When infringement notice may be issued
    Introduced new provisions for civil liability remedies and pecuniary penalties; Updated the provisions for infringement notices and reminder notices
44. 64: Revocation of infringement notice before payment made
    Introduced new provisions for civil liability remedies and pecuniary penalties; Updated the provisions for infringement notices and reminder notices
45. 65: What infringement notice must contain
    Introduced new provisions for civil liability remedies and pecuniary penalties; Updated the provisions for infringement notices and reminder notices
46. 66: How infringement notice may be served
    Introduced new provisions for civil liability remedies and pecuniary penalties; Updated the provisions for infringement notices and reminder notices
47. 67: Payment of infringement fees
    Introduced new provisions for civil liability remedies and pecuniary penalties; Updated the provisions for infringement notices and reminder notices
48. 68: Reminder notices
    Introduced new provisions for civil liability remedies and pecuniary penalties; Updated the provisions for infringement notices and reminder notices
49. 69: Civil liability remedies available under this subpart
    Introduced new provisions for civil liability remedies and pecuniary penalties
50. 70: When High Court may make pecuniary penalty order
    Introduced new provisions for civil liability remedies and pecuniary penalties
51. 71: Maximum penalty (Tier 1)
    Introduced new provisions for civil liability remedies and pecuniary penalties
52. 72: Maximum penalty (Tier 2)
    Introduced new provisions for civil liability remedies and pecuniary penalties
53. 73: Considerations for court in determining pecuniary penalty
    Introduced new provisions for civil liability remedies and pecuniary penalties
54. 75: Declaration of contravention
    Introduced new provisions for civil liability remedies and pecuniary penalties
55. 76: Purpose and effect of declaration of contravention
    Introduced new provisions for civil liability remedies and pecuniary penalties
56. 77: What declaration of contravention must state
    Introduced new provisions for civil liability remedies and pecuniary penalties
57. 78: When court or Disputes Tribunal may make compensatory orders
    Introduced new provisions for civil liability remedies and pecuniary penalties
58. 79: Terms of compensatory orders
    Introduced new provisions for civil liability remedies and pecuniary penalties
59. 80: Court may grant injunctions
    Introduced new provisions for civil liability remedies and pecuniary penalties
60. 81: When court may grant restraining injunctions
    Introduced new provisions for civil liability remedies and pecuniary penalties
61. 82: When court may grant performance injunctions
    Introduced new provisions for civil liability remedies and pecuniary penalties
62. 83: Chief executive's undertaking as to damages not required
    Introduced new provisions for civil liability remedies and pecuniary penalties
63. 84: Rules of civil procedure and civil standard of proof apply
    Introduced new provisions for civil liability remedies and pecuniary penalties
64. 85: Limit on proceedings
    Introduced new provisions for civil liability remedies and pecuniary penalties
65. 86: More than 1 civil liability remedy may be given for same conduct
    Introduced new provisions for civil liability remedies and pecuniary penalties
66. 87: Only 1 pecuniary penalty order may be made for same conduct
    Introduced new provisions for civil liability remedies and pecuniary penalties
67. 88: No pecuniary penalty and criminal penalty for same conduct
    Introduced new provisions for civil liability remedies and pecuniary penalties
68. 89: General defences for person in contravention
    Updated provision numbers and references throughout the Act; Updated the provisions for general defences and technical faults
69. 90: Defence for contraventions due to technical fault
    Updated provision numbers and references throughout the Act; Updated the provisions for general defences and technical faults
70. 92: Jurisdiction of High Court
    Updated provision numbers and references throughout the Act
71. 93: Jurisdiction of District Court
    Updated provision numbers and references throughout the Act
72. 94: Jurisdiction of Disputes Tribunal
    Updated provision numbers and references throughout the Act
73. 95: Chief executive’s functions
    Updated provision numbers and references throughout the Act; Introduced new provisions for the chief executive's functions and warnings
74. 106: Minister must consult on proposed designation
    Updated provision numbers and references throughout the Act
75. 107: Contents of designation regulations
    Updated provision numbers and references throughout the Act
76. 108: Application for accreditation
    Updated provision numbers and references throughout the Act
77. 109: How application is made
    Updated provision numbers and references throughout the Act
78. 110: Application may be made before designation regulations fully in force
    Updated provision numbers and references throughout the Act
79. 111: Chief executive must verify applicant’s identity
    Introduced new provisions for the chief executive to verify applicant identities and impose conditions on accreditation
80. 112: Decision by chief executive
    Introduced new provisions for the chief executive to verify applicant identities and impose conditions on accreditation
81. 113: Notice of decision
    Updated provision numbers and references throughout the Act
82. 114: Application to modify accreditation
    Updated provision numbers and references throughout the Act
83. 116: Duration of accreditation
    Updated provision numbers and references throughout the Act
84. 117: Renewal of accreditation
    Updated provision numbers and references throughout the Act
85. 118: When chief executive may suspend or cancel accreditation
    Updated provision numbers and references throughout the Act
86. 119: Appeals against accreditation decisions
    Updated the provisions for appeals against accreditation decisions and the operation of the register
87. 120: Crown organisations may be customer, data holder, or accredited requestor
    Updated provision numbers and references throughout the Act
88. 121: Register of participants in customer and product data system
    Updated provision numbers and references throughout the Act; Updated the provisions for appeals against accreditation decisions and the operation of the register
89. 122: Purposes of register
    Updated provision numbers and references throughout the Act; Updated the provisions for exemptions, levies, and fees; Updated the provisions for appeals against accreditation decisions and the operation of the register
90. 123: Operation of register
    Updated provision numbers and references throughout the Act; Updated the provisions for appeals against accreditation decisions and the operation of the register
91. 124: Persons that will become data holders when designation comes into force must provide information to chief executive
    Updated provision numbers and references throughout the Act
92. 125: Other data holders must provide information to chief executive
    Updated provision numbers and references throughout the Act; Updated the provisions for exemptions, levies, and fees; Updated the provisions for appeals against accreditation decisions and the operation of the register
93. 126: Contents of register that is publicly available
    Updated provision numbers and references throughout the Act; Updated the provisions for appeals against accreditation decisions and the operation of the register
94. 127: Contents of register that is available to data holders and accredited requestors (other than information publicly available under section 126)
    Updated provision numbers and references throughout the Act; Updated the provisions for appeals against accreditation decisions and the operation of the register
95. 128: Sharing of information with certain law enforcement or regulatory agencies
    Updated provision numbers and references throughout the Act; Introduced new provisions for the sharing of information with law enforcement or regulatory agencies
96. 129: Conditions that may be imposed on providing information under this subpart
    Updated provision numbers and references throughout the Act
97. 130: Restriction on publication, disclosure, or use
    Updated provision numbers and references throughout the Act
98. 133: Regulations relating to fees and charges
    Updated provision numbers and references throughout the Act
99. 134: Miscellaneous provisions relating to fees and charges
    Updated provision numbers and references throughout the Act
100. 136: Miscellaneous provisions relating to levies
     Updated provision numbers and references throughout the Act; Updated the provisions for exemptions, levies, and fees
101. 137: Minister must consult on proposed regulations
     Updated provision numbers and references throughout the Act; Updated the provisions for exemptions, levies, and fees
102. 139: Chief executive must comply with requirements before making standard
     Updated provision numbers and references throughout the Act; Introduced new provisions for the chief executive's functions and warnings
103. 141: Exemptions
     Updated provision numbers and references throughout the Act; Updated the provisions for exemptions, levies, and fees
104. 142: Effect of breach of term or condition of exemption
     Updated provision numbers and references throughout the Act
105. 144: Chief executive’s warnings, reports, guidelines, or comments protected by qualified privilege
     Updated provision numbers and references throughout the Act; Introduced new provisions for the chief executive's functions and warnings
106. 145: Notices
     Updated provision numbers and references throughout the Act
107. 146: Service of notices
     Updated provision numbers and references throughout the Act
108. 147: Principal Act
     Updated provision numbers and references throughout the Act
109. 148: Schedule 1 amended
     Updated provision numbers and references throughout the Act
110. 149: Principal Act
     Updated provision numbers and references throughout the Act
111. 150: Section 75 amended (Referral of complaint to another person)
     Updated provision numbers and references throughout the Act
112. 151: Section 208 amended (Consultation)
     Updated provision numbers and references throughout the Act
113. 152: Principal Act
     Updated provision numbers and references throughout the Act
114. 153: Section 2 amended (Interpretation)
     Introduced new provisions for civil liability remedies and pecuniary penalties