55Personal information must not be used or disclosed for prohibited marketing purposes

55 Personal information must not be used or disclosed for prohibited marketing purposes

(1) An accredited entity must not use or disclose personal information about an individual that is in the entity’s possession or control for any of the following purposes: (a) offering to supply goods or services; (b) advertising or promoting goods or services; (c) enabling another entity to offer to supply goods or services; (d) enabling another entity to advertise or promote goods or services; (e) market research.

Civil penalty: 1,500 penalty units.

(2) Subsection (1) does not apply to the disclosure of personal information about an individual if: (a) the information is disclosed to an individual for the purposes of: (i) offering to supply the entity’s accredited services; or (ii) advertising or promoting the entity’s accredited services; and (b) the information is disclosed to the individual with the individual’s express consent.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter mentioned in this subsection (see section 96 of the Regulatory Powers Act).