Document ID: chunk:federal_register_of_legislation:C2024C00719:section:19
Version: federal_register_of_legislation:C2024C00719
Segment Type: section
Provision Reference: s 19
Character Range: 302393–304020

19                                             A person                                                                                                                                                To advise another person in connection with any of the purposes referred to in this table.

Search otherwise than for authorised purpose
 (3) A searcher mentioned in an item in the table in subsection (2) must not, otherwise than for the purpose specified in the item:
 (a) access the register to search for data; or
 (b) use data obtained as a result of accessing the register, unless the searcher has also obtained the data lawfully from another source.
Civil penalty: 50 penalty units.
Note: See Part 6.3 (Civil penalty proceedings).
 (5) For the purposes of section 195A (Registrar—investigations), the Registrar may do either or both of the following:
 (a) investigate a suspected contravention of subsection (3);
 (b) decline to investigate, or to investigate further, a suspected contravention of subsection (3).

Recovery of damages for contravention
 (6) For the purposes of section 271:
 (a) compliance with subsection (3) is taken to be an obligation imposed on a person who accesses the register to search for data, or uses data obtained as a result of accessing the register to search for data; and
 (b) the obligation is taken to be owed to the grantor by reference to whose details the search is undertaken; and
 (c) a contravention of subsection (3) is taken to be a failure to discharge that obligation.
Note: Section 271 gives a right to recover damages for any loss or damage in relation to such a failure.