Document ID: chunk:federal_register_of_legislation:C2004A00884:clause:1_33
Version: federal_register_of_legislation:C2004A00884
Segment Type: clause
Provision Reference: sch 1 cl 33
Character Range: 9390–10416

33  Subsection 177(1)
Repeal the subsection, substitute:

 (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.

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.

 (1A) 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.

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

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