Commonwealth Consolidated Acts

SPAM ACT 2003 - SECT 7

    For the purposes of this Act, a commercial electronic message has an Australian link if, and only if:

  (a)   the message originates in Australia ; or

  (b)   the individual or organisation who sent the message, or authorised the sending of the message, is:

  (i)   an individual who is physically present in Australia when the message is sent; or

  (ii)   an organisation whose central management and control is in Australia when the message is sent; or

  (c)   the computer, server or device that is used to access the message is located in Australia ; or

  (d)   the relevant electronic account - holder is:

  (i)   an individual who is physically present in Australia when the message is accessed; or

  (ii)   an organisation that carries on business or activities in Australia when the message is accessed; or

  (e)   if the message cannot be delivered because the relevant electronic address does not exist--assuming that the electronic address existed, it is reasonably likely that the message would have been accessed using a computer, server or device located in Australia.