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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2021
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Spam Amendment (Unsolicited Political
Communications) Bill 2021
No. , 2021
(Senator Griff)
A Bill for an Act to amend the law relating to
unsolicited communications, and for related
purposes
No. , 2021
Spam Amendment (Unsolicited Political Communications) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Commonwealth Electoral Act 1918
3
Spam Act 2003
3
No. , 2021
Spam Amendment (Unsolicited Political Communications) Bill 2021
1
A Bill for an Act to amend the law relating to
1
unsolicited communications, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Spam Amendment (Unsolicited Political
6
Communications) Act 2021
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Spam Amendment (Unsolicited Political Communications) Bill 2021
No. , 2021
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
the Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
No. , 2021
Spam Amendment (Unsolicited Political Communications) Bill 2021
3
Schedule 1--Amendments
1
2
Commonwealth Electoral Act 1918
3
1 Subsection 321D(5) (at the end of the table)
4
Add:
5
9
the communication is by voice call
(within the meaning of the
Do Not
Call Register Act 2006
)
if the call involves an actor who is
performing as a person in a
particular occupation or in certain
circumstances--the call includes
such an actor
2 Application provision
6
The
Commonwealth Electoral Act 1918
, as amended by this Schedule,
7
applies to communication that occurs after the commencement of this
8
item.
9
Spam Act 2003
10
3 Section 3
11
Omit:
12
•
This Act sets up a scheme for regulating commercial email
13
and other types of commercial electronic messages.
14
substitute:
15
•
This Act sets up a scheme for regulating commercial email,
16
other types of commercial electronic messages and electronic
17
messages containing electoral matter.
18
4 Section 4 (after paragraph (c) of the definition of civil
19
penalty provision)
20
Insert:
21
(ca) subsections 18A(1) and (6);
22
Schedule 1
Amendments
4
Spam Amendment (Unsolicited Political Communications) Bill 2021
No. , 2021
5 Section 4
1
Insert:
2
unsubscribe message
: see subsection 18(9).
3
6 After Part 2
4
Insert:
5
Part 2A--Rules about sending electronic messages
6
containing electoral matter
7
8
18A Electronic messages about electoral matter must contain a
9
functional unsubscribe facility
10
(1) A person must not send, or cause to be sent, an electronic message
11
that:
12
(a) has an Australian link; and
13
(b) contains electoral matter (within the meaning of the
14
Commonwealth Electoral Act 1918
);
15
unless:
16
(c) the message includes:
17
(i) a statement to the effect that the recipient may use an
18
electronic address set out in the message to send an
19
unsubscribe message to the individual or organisation
20
who authorised the sending of the first-mentioned
21
message; or
22
(ii) a statement to similar effect; and
23
(d) the statement is presented in a clear and conspicuous manner;
24
and
25
(e) the electronic address is reasonably likely to be capable of
26
receiving:
27
(i) the recipient's unsubscribe message (if any); and
28
(ii) a reasonable number of similar unsubscribe messages
29
sent by other recipients (if any) of the same message;
30
at all times during a period of at least 30 days after the
31
message is sent; and
32
(f) the electronic address is legitimately obtained; and
33
Amendments
Schedule 1
No. , 2021
Spam Amendment (Unsolicited Political Communications) Bill 2021
5
(g) the electronic address complies with the condition or
1
conditions (if any) specified in the regulations made for the
2
purposes of paragraph 18(1)(g).
3
Note:
For
Australian link
, see section 7.
4
(2) Subsection (1) does not apply if the person:
5
(a) did not know; and
6
(b) could not, with reasonable diligence, have ascertained;
7
that the message had an Australian link.
8
(3) Subsection (1) does not apply to the extent (if any) to which it is
9
inconsistent with the terms of a contract or other agreement
10
between:
11
(a) the individual or organisation who authorised the sending of
12
the first-mentioned message; and
13
(b) the relevant electronic account-holder.
14
(4) Subsection (1) does not apply if the person sent the message, or
15
caused the message to be sent, by mistake.
16
(5) A person who wishes to rely on subsection (2), (3) or (4) bears an
17
evidential burden in relation to that matter.
18
Note:
A defendant bears an evidential burden in relation to the matter in
19
subsections (2), (3) and (4): see subsection 13.3(3) of the
Criminal
20
Code
.
21
Ancillary contraventions
22
(6) A person must not:
23
(a) aid, abet, counsel or procure a contravention of
24
subsection (1); or
25
(b) induce, whether by threats or promises or otherwise, a
26
contravention of subsection (1); or
27
(c) be in any way, directly or indirectly, knowingly concerned in,
28
or party to, a contravention of subsection (1); or
29
(d) conspire with others to effect a contravention of
30
subsection (1).
31
(7) A person does not contravene subsection (6) merely because the
32
person supplies a carriage service that enables an electronic
33
message to be sent.
34
Schedule 1
Amendments
6
Spam Amendment (Unsolicited Political Communications) Bill 2021
No. , 2021
Civil penalty provisions
1
(8) Subsections (1) and (6) are
civil penalty provisions
.
2
7 After clause 2 of Schedule 1
3
Insert:
4
2A Government bodies and charities
5
For the purposes of this Act, an electronic message is a
designated
6
commercial electronic message
if:
7
(a) the sending of the message is authorised by:
8
(i) a government body; or
9
(ii) a registered charity; and
10
(b) the message relates to goods or services; and
11
(c) the body is the supplier, or prospective supplier, of the goods
12
or services concerned.
13
8 Clause 3 of Schedule 1 (heading)
14
Repeal the heading, substitute:
15
3 Political parties
16
9 Paragraph 3(a) of Schedule 1
17
Repeal the paragraph, substitute:
18
(a) the sending of the message is authorised by a registered
19
political party; and
20
10 At the end of clause 3 of Schedule 1
21
Add:
22
; and (d) the message includes:
23
(i) a statement to the effect that the recipient may use an
24
electronic address set out in the message to send an
25
unsubscribe message to the individual or organisation
26
who authorised the sending of the first-mentioned
27
message; or
28
(ii) a statement to similar effect; and
29
Amendments
Schedule 1
No. , 2021
Spam Amendment (Unsolicited Political Communications) Bill 2021
7
(e) the statement is presented in a clear and conspicuous manner;
1
and
2
(f) the electronic address is reasonably likely to be capable of
3
receiving:
4
(i) the recipient's unsubscribe message (if any); and
5
(ii) a reasonable number of similar unsubscribe messages
6
sent by other recipients (if any) of the same message;
7
at all times during a period of at least 30 days after the
8
message is sent; and
9
(g) the electronic address is legitimately obtained; and
10
(h) the electronic address complies with the condition or
11
conditions (if any) specified in the regulations made for the
12
purposes of paragraph 18(1)(g).
13
11 Application provision
14
The
Spam Act 2003
, as amended by this Schedule, applies to an
15
electronic message sent after the commencement of this item.
16