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CORPORATIONS ACT 2001

CHAPTER 2C - REGISTERS  

PART 2C.1 - REGISTERS GENERALLY    View history reference

SECTION 177  USE OF INFORMATION ON REGISTERS  

177(1)  

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A person must not:


(a) use information about a person obtained from a register kept under this Chapter 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.

177(1AA)  

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A person must not:


(a) 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


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

177(1A)  

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


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


(b) approved by the company or scheme.

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

177(1B)  

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

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

177(2)  

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

177(3)  

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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.

177(4)  

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


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


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

 



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