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Spam Act 2003
In force
Administered by
Department of Infrastructure, Transport, Regional Development, Communications and the Arts
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C2004A01214
12 December 2003
-
30 June 2005
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Table of contents
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Part 1—Introduction
1 Short title
2 Commencement
3 Simplified outline
4 Definitions
5 Electronic messages
6 Commercial electronic messages
7 Australian link
8 Authorising the sending of electronic messages
9 Sending of electronic messages—carriage service providers
10 Continuity of partnerships
11 Extended meaning of use
12 Crown to be bound
13 Extension to external Territories
14 Extra territorial application
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Part 2—Rules about sending commercial electronic messages
15 Simplified outline
16 Unsolicited commercial electronic messages must not be sent
17 Commercial electronic messages must include accurate sender information
18 Commercial electronic messages must contain a functional unsubscribe facility
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Part 3—Rules about address harvesting software and harvested address lists
19 Simplified outline
20 Address harvesting software and harvested address lists must not be supplied
21 Address harvesting software and harvested address lists must not be acquired
22 Address harvesting software and harvested address lists must not be used
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Part 4—Civil penalties
23 Simplified outline
24 Pecuniary penalties for contravention of civil penalty provisions
25 Maximum penalties for contravention of civil penalty provisions
26 Civil action for recovery of pecuniary penalties
27 Criminal proceedings not to be brought for contravention of civil penalty provisions
28 Ancillary orders—compensation
29 Ancillary orders—recovery of financial benefit
30 Schedule 3 (infringement notices)
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Part 5—Injunctions
31 Simplified outline
32 Injunctions
33 Interim injunctions
34 Discharge etc. of injunctions
35 Certain limits on granting injunctions not to apply
36 Other powers of the Federal Court unaffected
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Part 6—Enforceable undertakings
37 Simplified outline
38 Acceptance of undertakings
39 Enforcement of undertakings
40 Assessment of compensation for breach of undertaking
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Part 7—Miscellaneous
41 Formal warnings—breach of civil penalty provision
42 Additional ACA functions
43 Operation of State and Territory laws
44 Implied freedom of political communication
45 Giving effect to international conventions
46 Review of operation of Act
47 Regulations
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Schedule 1—Designated commercial electronic messages
1 Object
2 Factual information
3 Government bodies, political parties, religious organisations and charities
4 Educational institutions
5 Regulations
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Schedule 2—Consent
1 Object
2 Basic definition
3 Users of account authorised to consent on behalf of relevant electronic account holder
4 When consent may be inferred from publication of an electronic address
5 Regulations about consent
6 When withdrawal of consent takes effect
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Schedule 3—Infringement notices
1 Object
2 Definitions
3 When an infringement notice can be given
4 Matters to be included in an infringement notice
5 Amount of penalty
6 Withdrawal of an infringement notice
7 What happens if the penalty is paid
8 Effect of this Schedule on civil proceedings
9 Appointment of authorised person
10 Regulations