Corporations Act 2001

CHAPTER 8A - ASIA REGION FUNDS PASSPORT  

PART 8A.4 - NOTIFIED FOREIGN PASSPORT FUNDS  

Division 4 - Providing key information in relation to notified foreign passport funds  

Subdivision A - Obligations to provide information to members in this jurisdiction  

SECTION 1213L   USE OF INFORMATION ON REGISTER OF MEMBERS  

Offence - using information obtained from the register to contact members

1213L(1)    
A person who obtains a copy of a register of members of a notified foreign passport fund under section 1213K must not:

(a) use information about a person (the other member ) obtained from the register 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 other member.

Penalty: 60 penalty units.

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.

Exception

1213L(2)    
Subsection (1) does not apply if the use or disclosure of the information is:

(a) relevant to the holding of the interests recorded in the register or the exercise of the rights attaching to them; or

(b) approved by the operator of the fund.

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

Offence - using information obtained from the register for a prescribed purpose

1213L(3)    
A person who obtains a copy of a register of members of a notified foreign passport fund under section 1213K must not:

(a) use information obtained from the register for any purpose prescribed by regulations made for the purposes of paragraph 1213K(2)(c) ; or

(b) disclose information of that kind knowing that the information is likely to be used for any such purpose.

Penalty: 60 penalty units.

Strict liability

1213L(4)    
An offence based on subsection (1) or (3) is an offence of strict liability.

Geographical jurisdiction

1213L(5)    
Section 15.1 of the Criminal Code (extended geographical jurisdiction - category A) applies to an offence against subsection (1) or (3) .

Liability to pay compensation

1213L(6)    
A person who contravenes subsection (1) or (3) is liable to compensate anyone else who suffers loss or damage because of the contravention.

Returning profits made by contravening subsection (1) or (3)

1213L(7)    
A person who makes a profit by contravening subsection (1) or (3) owes a debt to the fund. The amount of the debt is the amount of the profit.

1213L(8)    
If a person owes a debt under subsection (7) to the fund:

(a) the debt may be recovered by the operator of the fund as a debt due to it; and

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