Commonwealth Consolidated Acts

AUSTRALIAN NATIONAL REGISTRY OF EMISSIONS UNITS ACT 2011 - SECT 26

Use

  (1)   A person must not use information to contact or send material to another person if that information:

  (a)   is about the other person; and

  (b)   was obtained from the Registry.

Disclosure

  (2)   A person (the first person ) must not disclose information that:

  (a)   is about another person; and

  (b)   was obtained from the Registry; and

  (c)   the first person knows is likely to be used to contact or send material to the other person.

Exceptions

  (3)   Subsections   (1) and (2) do not apply if the use or disclosure of the information is relevant to:

  (a)   the holding of:

  (i)   Australian carbon credit units; or

  (ii)   Kyoto units; or

  (iii)   safeguard mechanism credit units;

    recorded in the Registry; or

  (b)   the exercise of the rights attaching to those units.

  (4)   A person who wishes to rely on subsection   (3) bears an evidential burden in relation to that matter.

Note:   For evidential burden , see section   4.

Ancillary contraventions

  (5)   A person must not:

  (a)   aid, abet, counsel or procure a contravention of subsection   (1) or (2); or

  (b)   induce, whether by threats or promises or otherwise, a contravention of subsection   (1) or (2); or

  (c)   be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection   (1) or (2); or

  (d)   conspire with others to effect a contravention of subsection   (1) or (2).

Civil penalty provisions

  (6)   Subsections   (1), (2) and (5) are civil penalty provisions .

Note:   Part   7 provides for pecuniary penalties for breaches of civil penalty provisions.