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SPAM ACT 2003 - SCHEDULE 1

Designated commercial electronic messages

Note:       See section 4.

   

   

1   Object

                   The object of this Schedule is to define the expression designated commercial electronic message .

Note 1:       Designated commercial electronic messages must comply with section 17 (commercial electronic messages must include information about the individual or organisation who authorised the sending of the message).

Note 2:       Designated commercial electronic messages are exempt from section 16 (unsolicited commercial electronic messages must not be sent) and section 18 (commercial electronic messages must contain a functional unsubscribe facility).

2   Factual information

             (1)  For the purposes of this Act, an electronic message is a designated commercial electronic message if:

                     (a)  the message consists of no more than factual information (with or without directly-related comment) and any or all of the following additional information:

                              (i)  the name, logo and contact details of the individual or organisation who authorised the sending of the message;

                             (ii)  the name and contact details of the author;

                            (iii)  if the author is an employee--the name, logo and contact details of the author's employer;

                            (iv)  if the author is a partner in a partnership--the name, logo and contact details of the partnership;

                             (v)  if the author is a director or officer of an organisation--the name, logo and contact details of the organisation;

                            (vi)  if the message is sponsored--the name, logo and contact details of the sponsor;

                           (vii)  information required to be included by section 17;

                          (viii)  information that would have been required to be included by section 18 if that section had applied to the message; and

                     (b)  assuming that none of that additional information had been included in the message, the message would not have been a commercial electronic message; and

                     (c)  the message complies with such other condition or conditions (if any) as are specified in the regulations.

3   Government bodies, political parties and charities

                   For the purposes of this Act, an electronic message is a designated commercial electronic message if:

                     (a)  the sending of the message is authorised by any of the following bodies:

                              (i)  a government body;

                             (ii)  a registered political party;

                            (iii)  a registered charity; and

                     (b)  the message relates to goods or services; and

                     (c)  the body is the supplier, or prospective supplier, of the goods or services concerned.

4   Educational institutions

                   For the purposes of this Act, an electronic message is a designated commercial electronic message if:

                     (a)  the sending of the message is authorised by an educational institution; and

                     (b)  either or both of the following subparagraphs applies:

                              (i)  the relevant electronic account-holder is, or has been, enrolled as a student in that institution;

                             (ii)  a member or former member of the household of the relevant electronic account-holder is, or has been, enrolled as a student in that institution; and

                     (c)  the message relates to goods or services; and

                     (d)  the institution is the supplier, or prospective supplier, of the goods or services concerned.

5   Regulations

                   The regulations may provide that a specified kind of electronic message is a designated commercial electronic message for the purposes of this Act.



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