Commonwealth Numbered Acts

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Use of information on registers

(1) 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;

unless that 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.

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) A person who contravenes subsection (1) is liable to compensate anyone else who suffers loss or damage because of the contravention. (3) A person who makes a profit from a contravention of subsection (1) owes a debt to the company or the scheme. The amount of the debt is the amount of the profit. (4) 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.

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