Section 56GC — Competition and Consumer Act 2010: 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.