Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 4 - MEMBERS AND OBSERVERS  

PART 4-5 - REGISTERS OF MEMBERS AND FORMER MEMBERS  

Division 183 - Use of information on the register of members or register of former members  

SECTION 183-1   USE OF INFORMATION ON REGISTER OF MEMBERS OR REGISTER OF FORMER MEMBERS  

183-1(1)    
A person must not:

(a)    use information about a person obtained from a register of members, or register of former members, to contact or send material to the person; or

(b)    disclose information of that kind knowing that the information is likely to be used to contact or send material to the person.

Note:

An example of using information to send material to a person is putting a person ' s name and address on a mailing list for advertising material.

183-1(2)    
Subsection (1) does not apply if the use or disclosure of the information is:

(a)    relevant to the person ' s membership, or former membership, of the corporation or the exercise of the person ' s rights as a member, or former member, of the corporation; or

(b)    approved by the corporation.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

183-1(3)    
A person commits an offence if the person contravenes subsection (1) .

Penalty: 10 penalty units.

183-1(4)    
An offence against subsection (3) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code .

183-1(5)    
A person who contravenes subsection (1) is liable to compensate anyone else who suffers loss or damage because of the contravention.

183-1(6)    
A person who makes a profit from a contravention of subsection (1) owes a debt to the corporation. The amount of the debt is the amount of the profit.

183-1(7)    
If a person owes a debt under subsection (6) to the corporation:

(a)    the debt may be recovered by the corporation as a debt due to it; and

(b)    any amount paid or recovered in respect of the debt forms part of the corporation ' s property.