Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 125B

             (1)  The ACMA may, by legislative instrument, determine a standard that:

                     (a)  applies to participants in each section of the fax marketing industry; and

                     (b)  deals with the following matters relating to the fax marketing activities of those participants:

                              (i)  restricting the hours and/or days during which marketing faxes may be sent, or attempted to be sent, to an Australian number;

                             (ii)  requiring that a marketing fax sent to an Australian number must contain specified information about the person who authorised the sending of the fax;

                            (iii)  restricting the total number of marketing faxes sent, or attempted to be sent, by the relevant participant during a particular period to a particular Australian number;

                            (iv)  requiring that, if a marketing fax sent to an Australian number is authorised by a particular person (the authorising person ), the fax must contain information about how the recipient of the fax may send a message to the effect that the recipient does not want to receive any marketing faxes authorised by the authorising person.

Note:          For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .

             (2)  A standard under subsection (1) is to be known as an industry standard .

             (3)  If the ACMA is satisfied that a body or association represents a section of the fax marketing industry, the ACMA must consult the body or association before determining a standard under subsection (1).

             (4)  The ACMA must ensure that a standard is in force under subsection (1) at all times after the commencement of this section.

             (5)  For the purposes of this section, authorise , when used in relation to a marketing fax, has the same meaning as in the Do Not Call Register Act 2006 .