(1)

A person must not acquire:

(a) address-harvesting software; or
(b) a right to use address-harvesting software; or
(c) a harvested-address list; or
(d) a right to use a harvested-address list;

if the person is:

(e) an individual who is physically present in Australia at the time of the acquisition; or
(f) a body corporate or partnership that carries on business or activities in Australia at the time of the acquisition.

Note: For treatment of partnerships, see section 585 of the Telecommunications Act 1997 .

(2)

Subsection (1) does not apply if the person did not intend to use the address-harvesting software or the harvested-address list, as the case may be, in connection with sending commercial electronic messages in contravention of section 16.

Ancillary contraventions

(3)

A person must not:

(a) aid, abet, counsel or procure a contravention of subsection (1); or
(b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or
(c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or
(d) conspire with others to effect a contravention of subsection (1).

Civil penalty provisions

(4)

Subsections (1) and (3) are civil penalty provisions .

Note: Part 4 provides for pecuniary penalties for breaches of civil penalty provisions.