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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:

  (a)   did not know; and

  (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.

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)   A person does not contravene subsection   ( 5) merely because the person supplies a carriage service that enables an electronic message to be sent.

Civil penalty provisions

  (7)   Subsections   ( 1) and (5) are civil penalty provisions .

Note:   Part   4 provides for pecuniary penalties for breaches of civil penalty provisions.