(1)

A person must not send, or cause to be sent, a commercial electronic message that has an Australian link unless:

(a) the message clearly and accurately identifies the individual or organisation who authorised the sending of the message; and
(b) the message includes accurate information about how the recipient can readily contact that individual or organisation; and
(c) that information complies with the condition or conditions (if any) specified in the regulations; and
(d) that information is reasonably likely to be valid for at least 30 days after the message is sent.

Note: For Australian link , see section 7.

(2)

Subsection (1) does not apply if the person:

(a) did not know; and
(b) could not, with reasonable diligence, have ascertained;

that the message had an Australian link.

(3)

Subsection (1) does not apply if the person sent the message, or caused the message to be sent, by mistake.

(4)

A person who wishes to rely on subsection (2) or (3) bears an evidential burden in relation to that matter.

Ancillary contraventions

(5)

A person must not:

(a) aid, abet, counsel or procure a contravention of subsection (1); or
(b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or
(c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or
(d) conspire with others to effect a contravention of subsection (1).

(6)

A person does not contravene subsection (5) merely because the person supplies a carriage service that enables an electronic message to be sent.

Civil penalty provisions

(7)

Subsections (1) and (5) are civil penalty provisions .

Note: Part 4 provides for pecuniary penalties for breaches of civil penalty provisions.