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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Unsolicited Political Communications
Legislation Amendment Bill 2021
No. , 2021
(Ms Sharkie)
A Bill for an Act to amend the Commonwealth
Electoral Act 1918 and the Spam Act 2003, and for
related purposes
No. , 2021
Unsolicited Political Communications Legislation Amendment 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
Unsolicited Political Communications Legislation Amendment Bill
2021
1
A Bill for an Act to amend the Commonwealth
1
Electoral Act 1918 and the Spam Act 2003, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Unsolicited Political Communications Legislation
6
Amendment 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
2
Unsolicited Political Communications Legislation Amendment Bill
2021
No. , 2021
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The 28th day after this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments
Schedule 1
No. , 2021
Unsolicited Political Communications Legislation Amendment 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 amendment of the
Commonwealth Electoral Act 1918
made by this
7
Schedule applies to communication that occurs after the commencement
8
of this 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 political
17
electronic messages.
18
4 Section 3
19
After "electronic messages" (second, third and fourth occurring), insert
20
"and political electronic messages".
21
Schedule 1
Amendments
4
Unsolicited Political Communications Legislation Amendment Bill
2021
No. , 2021
5 Section 4
1
Insert:
2
political electronic message
means an electronic message that:
3
(a) is sent, or caused to be sent, by a registered political party; or
4
(b) contains electoral matter (within the meaning of the
5
Commonwealth Electoral Act 1918
).
6
6 Section 7
7
Omit "a commercial", substitute "an".
8
7 Part 2 (heading)
9
After "
commercial
", insert "
and political
".
10
8 Section 15
11
After "electronic messages" (wherever occurring), insert "or political
12
electronic messages".
13
9 Section 16 (heading)
14
After "
commercial
", insert "
and political
".
15
10 Subsections 16(1) and (6)
16
After "a commercial electronic message", insert "or a political
17
electronic message".
18
11 Section 17 (heading)
19
After "
Commercial
", insert "
and political
".
20
12 Subsection 17(1)
21
After "a commercial electronic message", insert "or a political
22
electronic message".
23
13 Section 18 (heading)
24
After "
Commercial
", insert "
and political
".
25
Amendments
Schedule 1
No. , 2021
Unsolicited Political Communications Legislation Amendment Bill
2021
5
14 Subsection 18(1)
1
After "a commercial electronic message", insert "or a political
2
electronic message".
3
15 At the end of section 18
4
Add:
5
(10) For the purposes of the application of this section to a political
6
electronic message, where the sending of the message is authorised
7
by an individual or organisation, an
unsubscribe message
is:
8
(a) an electronic message to the effect that the relevant electronic
9
account-holder does not want to receive any further political
10
electronic messages from or authorised by that individual or
11
organisation; or
12
(b) an electronic message to similar effect.
13
16 Subsections 20(2), 21(2), 22(2) and 28(2)
14
After "commercial electronic messages", insert "or political electronic
15
messages".
16
17 Section 37
17
After "commercial electronic messages", insert "or political electronic
18
messages".
19
18 Paragraph 38(1)(a)
20
After "commercial electronic messages", insert "or political electronic
21
messages".
22
19 At the end of subsection 40(1)
23
Add "or political electronic messages".
24
20 At the end of subparagraphs 42(a)(i), (b)(i) and (c)(i)
25
Add "or political electronic messages".
26
21 At the end of paragraph 45(1)(a)
27
Add "or political electronic messages".
28
Schedule 1
Amendments
6
Unsolicited Political Communications Legislation Amendment Bill
2021
No. , 2021
22 Clause 1 of Schedule 1 (note 1)
1
After "commercial"(second occurring), insert "or political".
2
23 Clause 1 of Schedule 1 (note 2)
3
After "commercial" (second and third occurring), insert "or political".
4
24 Clause 1 of Schedule 2 (note)
5
After "commercial", insert "or political".
6
25 Paragraph 4(2)(d) of Schedule 2
7
After "commercial electronic messages" (wherever occurring), insert
8
"or political electronic messages (whichever is relevant)".
9
26 Paragraphs 6(1)(b) and (c) of Schedule 2
10
Omit "commercial".
11
27 Subparagraph 6(1)(d)(i) of Schedule 2
12
After "commercial electronic messages", insert "or political electronic
13
messages (whichever is relevant)".
14
28 Application provision
15
The amendments of the
Spam Act 2003
made by this Schedule apply to
16
an electronic message sent after the commencement of this item.
17