Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a person (the CDR entity ), acting as described in an item of the following table, does something mentioned in that item:
(a) in good faith; and
(b) in compliance with the CDR provisions; and
(c) in compliance with each law (if any) of the Commonwealth, of a State or of a Territory prescribed by the regulations;
the CDR entity is not liable to an action or other proceeding, whether civil or criminal, for or in relation to the thing in that item.
Doing a CDR thing in good faith in compliance with the CDR provisions etc. | ||
Item | When acting: | the things are: |
1 | (a) as a data holder of CDR data; or (b) as an accredited data recipient of CDR data; or (c) as a designated gateway for CDR data | (a) providing the data to another person; or (b) otherwise allowing another person access to the data. |
2 | as an accredited action initiator for a type of CDR action | giving an instruction that is a valid instruction for the performance of a CDR action of that type. |
3 | as an action service provider for a type of CDR action | processing an instruction that is a valid instruction for the performance of a CDR action of that type. |
Note 1: Item 3 of the table is focussing on the instruction layer not the action layer, and so does not cover performance of the CDR action.
Note 2: A defendant bears an evidential burden in relation to the matter in this subsection for a criminal action or criminal proceeding (see subsection 13.3(3) of the Criminal Code ).
(2) A person who wishes to rely on subsection (1) in relation to a civil action or civil proceeding bears an evidential burden in relation to that matter.
(3) In this section:
"evidential burden" , in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.