Document ID: chunk:federal_register_of_legislation:C2019A00063:clause:1_56bo
Version: federal_register_of_legislation:C2019A00063
Segment Type: clause
Provision Reference: sch 1 cl 56BO
Character Range: 54155–55192

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.

Subdivision C—Process for making consumer data rules etc.