Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p35
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 35/175)
Character Range: 259831–262607

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.
 (2) Subsection (1) does not apply if the use or disclosure of the information is:
 (a) relevant to the person's membership, or former membership, of the corporation or the exercise of the person's rights as a member, or former member, of the corporation; or
 (b) approved by the corporation.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
 (3) A person commits an offence if the person contravenes subsection (1).
Penalty: 10 penalty units.
 (4) An offence against subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) A person who contravenes subsection (1) is liable to compensate anyone else who suffers loss or damage because of the contravention.
 (6) A person who makes a profit from a contravention of subsection (1) owes a debt to the corporation. The amount of the debt is the amount of the profit.
 (7) If a person owes a debt under subsection (6) to the corporation:
 (a) the debt may be recovered by the corporation as a debt due to it; and
 (b) any amount paid or recovered in respect of the debt forms part of the corporation's property.

Part 4‑6—Exemption from operation of certain provisions of this Chapter

Division 187—Exemption from operation of certain provisions of this Chapter

187‑1  What this Part is about
      The Registrar may exempt an Aboriginal and Torres Strait Islander corporation from certain provisions of this Chapter. The Registrar may do so on application or on his or her own volition.

187‑5  Exemption from certain provisions of this Chapter
 (1) On an application made in accordance with subsection (3) in relation to an Aboriginal and Torres Strait Islander corporation, the Registrar may make a determination in writing exempting any of the following from the exemptible provisions of this Chapter specified in the Registrar's determination:
 (a) the corporation itself;
 (b) the directors of the corporation.
Note: For the criteria for making determinations under this section, see section 187‑20.
 (2) For the purposes of this section, the exemptible provisions of this Chapter are:
 (a) subsection 144‑10(8); and
 (aa) subsection 150‑15(2A); and
 (ab) section 150‑22; and
 (b) section 150‑25; and
 (c) section 150‑30; and
 (d) section 150‑35.
 (3) The application must:
 (a) specify the exemptible provisions in relation to which the exemption