Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Complying with requirements to provide CDR data: protection from liability

  (1)   If:

  (a)   a CDR participant, or designated gateway, for CDR data (the CDR entity ):

  (i)   provides the CDR data to another person; or

  (ii)   otherwise allows another person access to the CDR data; and

  (b)   the CDR entity does so, in good faith, in compliance with:

  (i)   this Part; and

  (ii)   regulations made for the purposes of this Part; and

  (iii)   the consumer data rules;

the CDR entity is not liable to an action or other proceeding, whether civil or criminal, for or in relation to the matter in paragraph   (a).

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (1) 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.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback