Document ID: chunk:federal_register_of_legislation:C2016C00614:section:22
Version: federal_register_of_legislation:C2016C00614
Segment Type: section
Provision Reference: s 22
Character Range: 35753–37067

22  Address‑harvesting software and harvested‑address lists must not be used
 (1) A person must not use:
 (a) address‑harvesting software; or
 (b) a harvested‑address list;
if the person is:
 (c) an individual who is physically present in Australia at the time of the use; or
 (d) a body corporate or partnership that carries on business or activities in Australia at the time of the use.
Note: For treatment of partnerships, see section 585 of the Telecommunications Act 1997.
 (2) Subsection (1) does not apply in relation to the use of address‑harvesting software or a harvested‑address list, if the use was not 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.

Part 4—Civil penalties