Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 56BO

Misleading or deceptive conduct--civil penalty

  (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.

Note 1:   The person mentioned in paragraph   (a) or (b) 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.


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