Corporations Act 2001

A person must not:

use information about a person obtained from a register kept under this Chapter to contact or send material to the person; or

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

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.

A person must not:

use information obtained from a register kept under this Chapter for any purpose prescribed by regulations made for the purposes of paragraph 173(3A)(b); or

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

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

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

approved by the company or scheme.

A defendant bears an evidential burden in relation to the matter in subsection (1A), see subsection 13.3(3) of the Criminal Code.

An offence based on subsection (1) or (1AA) is an offence of strict liability.

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

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

A person who makes a profit from a contravention of subsection (1) or (1AA) owes a debt to the company or the scheme. The amount of the debt is the amount of the profit.

If a person owes a debt under subsection (3) to the scheme:

the debt may be recovered by the responsible entity as a debt due to it; and

any amount paid or recovered in respect of the debt forms part of the scheme property.