Corporations (Aboriginal and Torres Strait Islander) Act 2006
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.
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