56AOExtraterritorial operation of the CDR provisions

56AO Extraterritorial operation of the CDR provisions

CDR provisions generally apply inside and outside Australia

(1) Subject to subsections (2) to (3B), the CDR provisions extend to acts, omissions, matters and things outside Australia.

CDR provisions apply for CDR data held inside Australia

(2) To the extent that the CDR provisions have effect in relation to CDR data held within Australia, the CDR provisions apply in relation to all persons (including foreign persons).

CDR provisions can apply for CDR data held outside Australia

(3) To the extent that the CDR provisions have effect in relation to an act, or omission, relating to CDR data held outside Australia, the CDR provisions only apply if:

(a) the act or omission is by (or on behalf of) an Australian person; or

(b) the act or omission occurs wholly or partly in Australia, or wholly or partly on board an Australian aircraft or an Australian ship; or

(c) the act or omission occurs wholly outside Australia, and an Australian person suffers, or is likely to suffer, financial or other disadvantage as a result of the act or omission.

CDR provisions apply for CDR actions to be performed inside Australia

(3A) To the extent that the CDR provisions have effect in relation to a CDR action to be performed within Australia, the CDR provisions apply in relation to all persons (including foreign persons).

Example: Requirements in the consumer data rules relating to giving a valid instruction for the performance of a CDR action within Australia can apply to the accredited action initiator for the CDR action even if the accredited action initiator is a foreign person.

CDR provisions can apply for CDR actions to be performed outside Australia

(3B) To the extent that the CDR provisions have effect in relation to an act, or omission, relating to a CDR action to be performed outside Australia, the CDR provisions only apply if:

(a) the act or omission is by (or on behalf of) an Australian person; or

(b) the act or omission occurs wholly or partly in Australia, or wholly or partly on board an Australian aircraft or an Australian ship.

Example: Requirements in the consumer data rules relating to giving a valid instruction for the performance of a CDR action outside Australia can apply to the accredited action initiator for the CDR action if the accredited action initiator is an Australian person.

Interpretation

(4) For the purposes of subsection (3) or (3B), if a person’s act or omission includes sending, omitting to send, causing to be sent or omitting to cause to be sent an electronic communication or other thing: