215Use of information on registers

215 Use of information on registers

215 Use of information on registers

(1) A person must not—

(a) use information about a person obtained from a register kept by a co-operative under this Law to contact or send material to the person; or

(b) disclose information of that kind knowing the information is likely to be used to contact or send material to the person;

unless the use or disclosure of the information is—

(c) relevant to the holding of the directorship, membership, shares, CCUs, loans, securities, debentures or deposits concerned or the exercise of the rights attaching to them; or

(d) approved by the board; or

(e) necessary to comply with a requirement of this Law.

(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 co-operative.

(4) The amount of the debt is the amount of the profit.

(5) The use or disclosure of information referred to in subsection (1) (a) or (b) in the circumstances referred to in subsection (1) (c), (d) or (e) is authorised by this Law.

Note—

Regarding subsection (5), item 2.1 of National Privacy Principle 2 in Schedule 3 to the Privacy Act 1988 of the Commonwealth provides: “An organisation must not use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose of collection unless: […] (g) the use or disclosure is required or authorised by or under law”.