Extraterritorial operation of the CDR provisions
56AO Extraterritorial operation of the CDR provisions
CDR provisions generally apply inside and outside Australia
Subject to subsections (2) to (3B), the CDR provisions extend to acts, omissions, matters and things outside Australia.
CDR provisions apply for CDR data held inside Australia
To the extent that the CDR provisions have effect in relation to CDR data held within Australia, the CDR provisions apply in relation to all persons (including foreign persons).
CDR provisions can apply for CDR data held outside Australia
To the extent that the CDR provisions have effect in relation to an act, or omission, relating to CDR data held outside Australia, the CDR provisions only apply if:
the act or omission is by (or on behalf of) an Australian person; or
the act or omission occurs wholly or partly in Australia, or wholly or partly on board an Australian aircraft or an Australian ship; or
the act or omission occurs wholly outside Australia, and an Australian person suffers, or is likely to suffer, financial or other disadvantage as a result of the act or omission.
CDR provisions apply for CDR actions to be performed inside Australia
To the extent that the CDR provisions have effect in relation to a CDR action to be performed within Australia, the CDR provisions apply in relation to all persons (including foreign persons).
Requirements in the consumer data rules relating to giving a valid instruction for the performance of a CDR action within Australia can apply to the accredited action initiator for the CDR action even if the accredited action initiator is a foreign person.
CDR provisions can apply for CDR actions to be performed outside Australia
To the extent that the CDR provisions have effect in relation to an act, or omission, relating to a CDR action to be performed outside Australia, the CDR provisions only apply if:
the act or omission is by (or on behalf of) an Australian person; or
the act or omission occurs wholly or partly in Australia, or wholly or partly on board an Australian aircraft or an Australian ship.
Requirements in the consumer data rules relating to giving a valid instruction for the performance of a CDR action outside Australia can apply to the accredited action initiator for the CDR action if the accredited action initiator is an Australian person.
Interpretation
For the purposes of subsection (3) or (3B), if a person’s act or omission includes sending, omitting to send, causing to be sent or omitting to cause to be sent an electronic communication or other thing:
from a point outside Australia to a point inside Australia; or
from a point inside Australia to a point outside Australia;
that act or omission is taken to have occurred partly in Australia.
In this section:
Australia, when used in a geographical sense, includes all the external Territories.
Australian aircraft has the same meaning as in the Criminal Code.
Australian person means:
a body corporate established by or under a law of the Commonwealth, of a State or of a Territory; or
an Australian citizen, a permanent resident (within the meaning of the Australian Citizenship Act 2007), or any other person ordinarily resident within Australia or an external Territory; or
an entity covered by subsection 56AR(1), (2) or (3) (about Australian government entities).
Australian ship has the same meaning as in the Criminal Code.
foreign person means a person other than an Australian person.
point includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater, at sea or anywhere else.
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