Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.
(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 ).
(3) A person commits an offence if the person contravenes subsection (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 .
(5) A person who contravenes subsection (1) is liable to compensate anyone else who suffers loss or damage because of the contravention.
(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.
(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.