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Navigation: Home > Publications  > Spam Act 2003 > Overview for business > What does it say
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Spam Act 2003: Guides and Information Sheets - Overview for Business

February 2004

The Spam Act: What does it say?

Spam prohibited

The Spam Act says that unsolicited commercial electronic messages must not be sent.

Messages should only be sent to an address when it is known that the person responsible for that address has consented to receive it.

Rules for sending commercial electronic messages

Commercial electronic messages must contain:

Address harvesting software, harvested address lists

Business must not use electronic address harvesting software or lists which have been generated using such software, for the purpose of sending unsolicited commercial electronic messages.

Messages covered by the Act

The Spam Act covers commercial electronic messages that are sent using applications such as:

Messages not covered by the Act

The following examples are not covered by the Spam Act:

THE ACT covers Messages with an Australian link

The provisions of the Spam Act cover commercial electronic messages:

Financial penalties

The maximum penalties under the Spam Act are substantial.

A business that is found to be in breach of the Spam Act may be subject to a Court imposed penalty of up to $220,000 for a single day's contraventions. If a business is found to have breached the Act and breaches it again, they may be subject to a penalty of up to $1.1 million.

The Spam Act specifies a number of options that are available to enforce the legislation, depending on the circumstances. The range of possible activities includes formal warnings, infringement notices (similar to a speeding ticket), and court actions.

Other Considerations...

Check your ISP's policies

It should be noted that many businesses may have existing agreements with their Internet Service Providers (ISPs) on "Acceptable Use Policies" (AUPs) which specify a higher level of consent than is provided for in the spam legislation. For example, such agreements may require express consent or require the use of double opt-in methodologies for confirming consent. This helps to protect business reputations and to avoid problems with groups that block perceived spammers on the Internet. The Spam Act does not overrule cases where a higher standard is required in an AUP. Businesses should pay close attention to their AUPs to avoid difficulties with their ISP.

The Privacy Act 1998 and the National Privacy Principles (NPPs)

In addition to the requirements of the Spam Act, you should always be in compliance with the provisions of the National Privacy Principles.

The Office of the Federal Privacy Commissioner, (www.privacy.gov.au) provides a comprehensive range of information on the requirements of the Privacy Act, and on the National Privacy Principles.

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