(1) The Authority must not disclose identifying information relating to a pre-1998 donor in response to an application under section 56(1) unless the applicant gives an undertaking to the Secretary to comply with the donor's contact preferences as set out in—
(a) any contact preference lodged by the donor under section 63C (whether or not the contact preference is lodged at the time the undertaking is given); and
(b) if the contact preference is amended by the donor under section 63E , that preference as amended (whether or not the amended contact preference is lodged at the time the undertaking is given).
(2) An applicant who gives an undertaking under subsection (1) must not knowingly contact the pre-1998 donor in contravention of the contact preference or the amended contact preference unless the contact is a continuation of, or of a similar kind to, contact that the applicant had with the donor before the applicant knew of the contact preference or the amended contact preference (as the case requires).
Penalty: 50 penalty units.
(3) Subsection (2) does not apply if the applicant has not been given—
(a) in case of a contravention of a contact preference, a copy of the contact preference under section 63C(7); or
(b) in case of a contravention of an amended contact preference, a copy of the amended contact preference under section 63E(3)(b).
S. 63H inserted by No. 6/2016 s. 23.