Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person must not engage in conduct that misleads or deceives, or is likely to mislead or deceive, another person (the second person ) into believing that:
(a) a person is a CDR consumer for CDR data; or
(b) a person is making a valid request or consent, or has satisfied other criteria, for the disclosure of CDR data under the consumer data rules; or
(c) a person is a CDR consumer for a CDR action; or
(d) a person has satisfied any criteria under the consumer data rules for:
(i) the making of a request; or
(ii) the giving of a valid instruction; or
(iii) the processing of a valid instruction;
for the performance of a CDR action.
Note 1: The person mentioned in paragraph (a), (b), (c) or (d) could be the first - mentioned person, the second person or a third person.
Note 2: For enforcement, see Part VI (including section 76 for an order for payment of a pecuniary penalty).
Defence
(2) Subsection (1) does not apply if the conduct is not misleading or deceptive in a material particular.
(3) A person who wishes to rely on subsection (2) bears the burden of adducing or pointing to evidence that suggests a reasonable possibility that the conduct is not misleading or deceptive in a material particular.