SPAM ACT 2003 - SECT 17 Commercial electronic messages must include accurate sender information
SPAM ACT 2003 - SECT 17
Commercial electronic messages must include accurate sender information(1) A person must not send, or cause to be sent, a commercial electronic message that has an Australian link unless:
(a) the message clearly and accurately identifies the individual or organisation who authorised the sending of the message; and
(b) the message includes accurate information about how the recipient can readily contact that individual or organisation; and
(c) that information complies with the condition or conditions (if any) specified in the regulations; and
(d) that information is reasonably likely to be valid for at least 30 days after the message is sent.
Note: For Australian link , see section 7.
(2) Subsection ( 1) does not apply if the person:
(b) could not, with reasonable diligence, have ascertained;
that the message had an Australian link.
(3) Subsection ( 1) does not apply if the person sent the message, or caused the message to be sent, by mistake.
(4) A person who wishes to rely on subsection ( 2) or (3) bears an evidential burden in relation to that matter.
(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) A person does not contravene subsection ( 5) merely because the person supplies a carriage service that enables an electronic message to be sent.
(7) Subsections ( 1) and (5) are civil penalty provisions .
Note: Part 4 provides for pecuniary penalties for breaches of
civil penalty provisions.