84Accredited entities participating in the Australian Government Digital ID System protected from liability in certain circumstances

84 Accredited entities participating in the Australian Government Digital ID System protected from liability in certain circumstances

(1) An accredited entity (the first entity) is not liable to an action or other proceeding, whether civil or criminal, for or in relation to the provision or non‑provision of an accredited service of the entity to another accredited entity (the other entity) participating in the Australian Government Digital ID System, or to a participating relying party, if: (a) the action or other proceeding is brought by the other entity or the participating relying party; and (b) subsection (1A) or (1B) applies. (1A) This subsection applies if the first entity provides or does not provide the accredited service, in good faith, in compliance with this Act (other than the service levels determined under section 80). (1B) This subsection applies if: (a) the first entity does not comply with this Act (other than the service levels determined under section 80) in relation to the accredited service; and (b) the non‑compliance is not the ground or cause for the action or other proceeding. (2) An entity that wishes to rely on subsection (1) in relation to an action or other proceeding bears an evidential burden (within the meaning of the Regulatory Powers Act) in relation to that matter.