Document ID: chunk:federal_register_of_legislation:C2019A00063:clause:1_56gc
Version: federal_register_of_legislation:C2019A00063
Segment Type: clause
Provision Reference: sch 1 cl 56GC
Character Range: 140143–141279

56GC  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.