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SPAM ACT 2003 - SECT 47

Regulations

    The Governor - General may make regulations prescribing matters:

  (a)   required or permitted to be prescribed by this Act; or

  (b)   necessary or convenient to be prescribed for carrying out or giving effect to this Act.

  This Act sets up a scheme for regulating commercial email and other types of commercial electronic messages.

  Unsolicited commercial electronic messages must not be sent.

  Commercial electronic messages must include information about the individual or organisation who authorised the sending of the message.

  Commercial electronic messages must contain a functional unsubscribe facility.

  Address - harvesting software must not be supplied, acquired or used.

  An electronic address list produced using address - harvesting software must not be supplied, acquired or used.

  The main remedies for breaches of this Act are civil penalties and injunctions.

  Unsolicited commercial electronic messages must not be sent.

  Commercial electronic messages must include information about the individual or organisation who authorised the sending of the message.

  Commercial electronic messages must contain a functional unsubscribe facility.

  Address - harvesting software must not be supplied, acquired or used.

  An electronic address list produced using address - harvesting software must not be supplied, acquired or used.

  Pecuniary penalties are payable for contraventions of civil penalty provisions.

  Proceedings for the recovery of penalties are to be instituted in the Federal Court.

  The Federal Court may make ancillary orders:

  (a)   directing the payment of compensation to a victim of a contravention of a civil penalty provision; and

  (b)   directing the payment to the Commonwealth of an amount up to the amount of any financial benefit that is attributable to a contravention of a civil penalty provision.

  The Federal Court may grant injunctions in relation to contraventions of civil penalty provisions.

  A person may give the ACMA an enforceable undertaking in connection with a matter relating to:

  (a)   commercial electronic messages; or

  (b)   address - harvesting software.


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