22Address‑harvesting software and harvested‑address lists must not be used

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.