Commonwealth Consolidated Acts

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SPAM ACT 2003 - SECT 3

Simplified outline

                   The following is a simplified outline of this Act:

•      This Act sets up a scheme for regulating commercial e‑mail and other types of commercial electronic messages.

•      Unsolicited commercial electronic messages must not be sent.

•      Commercial electronic messages must include information about the individual or organisation who authorised the sending of the message.

•      Commercial electronic messages must contain a functional unsubscribe facility.

•      Address‑harvesting software must not be supplied, acquired or used.

•      An electronic address list produced using address‑harvesting software must not be supplied, acquired or used.

•      The main remedies for breaches of this Act are civil penalties and injunctions.

Note:          The Telecommunications Act 1997 contains additional provisions about commercial electronic messages. Those provisions include Part 6 (industry codes and standards), Part 26 (investigations), Part 27 (information‑gathering powers) and Part 28 (enforcement).



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