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.
Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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