Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person (the supplier ) must not supply or offer to supply:
(a) address - harvesting software; or
(b) a right to use address - harvesting software; or
(c) a harvested - address list; or
(d) a right to use a harvested - address list;
to another person (the customer ) if:
(e) the supplier is:
(i) an individual who is physically present in Australia at the time of the supply or offer; or
(ii) a body corporate or partnership that carries on business or activities in Australia at the time of the supply or offer; or
(f) the customer is:
(i) an individual who is physically present in Australia at the time of the supply or offer; or
(ii) a body corporate or partnership that carries on business or activities in Australia at the time of the supply or offer.
Note: For treatment of partnerships, see section 585 of the Telecommunications Act 1997 .
(2) Subsection ( 1) does not apply if the supplier had no reason to suspect that the customer, or another person, intended to use the address - harvesting software or the harvested - address list, as the case may be, in connection with sending commercial electronic messages in contravention of section 16.
(3) Subsection ( 1) does not apply if the supplier:
(a) did not know; and
(b) could not, with reasonable diligence, have ascertained;
that the customer was:
(c) an individual who was physically present in Australia at the time of the supply or offer; or
(d) a body corporate or partnership that carried on business or activities in Australia at the time of the supply or offer.
(4) A person who wishes to rely on subsection ( 3) bears an evidential burden in relation to that matter.
Ancillary contraventions
(5) 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).
(6) Subsections ( 1) and (5) are civil penalty provisions .
Note: Part 4 provides for pecuniary penalties for breaches of civil penalty provisions.