SPAM ACT 2003 - SECT 40 Assessment of compensation for breach of undertaking

SPAM ACT 2003 - SECT 40

  (1)   This section applies if, in a proceeding under section   39, the Federal Court finds that a person has breached a term of an undertaking relating to the sending of commercial electronic messages.

  (2)   In determining whether another person (the victim ) has suffered loss or damage as a result of the breach, and in assessing the amount of compensation payable, the Court may have regard to the following:

  (a)   the extent to which any expenses incurred by the victim are attributable to dealing with the messages;

  (b)   the effect of dealing with the messages on the victim's ability to carry on business or other activities;

  (c)   any damage to the reputation of the victim's business that is attributable to dealing with the messages;

  (d)   any loss of business opportunities suffered by the victim as a result of dealing with the messages;

  (e)   any other matters that the Court considers relevant.