Commonwealth Repealed Acts

This legislation has been repealed.

CORPORATIONS LAW- SECT 177

Use of information on registers

 
 
(1)
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; 

 
unless that use or disclosure of the information is:
 
 
(c)
relevant to the holding of the
interests recorded in the register or the exercise of the rights attaching to
them; or

(d)
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:
 
 
 
(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.