Client Update: Privacy – January 2004
Commencement of Spam Act
The Spam Act 2003 received royal assent on 12 December 2003 and its key operative provisions will come into force on 10 April 2004. The key provisions include prohibitions against sending unsolicited commercial electronic messages and the supply, acquisition or use of electronic address-harvesting software and address lists produced using such software. Other key provisions include an obligation to incorporate certain identifying information and a functional unsubscribe facility in commercial electronic messages.
Some provisions of the Spam Act, however, came into operation on 12 December 2003 and these are set out below.
Part 1 – Introduction
Part 1 of the Spam Act consists of sections 1 to 14, which are predominantly definitional provisions. Part 1 also outlines the commencement and application of the Spam Act.
Section 42
Section 42 establishes additional functions of the Australian Communications Authority (ACA), which include conducting and/or coordinating community education programs, conducting and /or commissioning research and liaising with regulatory and other relevant overseas bodies about:
- unsolicited commercial electronic messages; and
- address-harvesting software.
Section 47
This provision allows the Governor-General to make regulations that are required or permitted under the Spam Act or regulations that are necessary or convenient for giving effect to the Spam Act.
Schedule 2
Schedule 2 defines the expression 'consent' for the purposes of the exception to the prohibition on sending unsolicited commercial electronic messages (section 16).
For more information on the key provisions of the Spam Act, see AAR's Focus: Communications, Media & Technology – December 2003.
For further information, please contact:
- Tracey HarripPartner,
Brisbane
Ph: +61 7 3334 3215
Tracey.Harrip@allens.com.au