56GCComplying with CDR requirements etc.: protection from liability

56GC Complying with CDR requirements etc.: protection from liability

(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.