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i-way newsletter

March 2004

The Australian Spam Act

The Australian Government's Spam Act 2003 takes effect on 10 April 2004. The Act has implications for every Australian organisation and its use of e-mail, SMS and other electronic messaging.

The Act covers only commercial electronic messages - eg. which offer a commercial transaction, or point to a location where a transaction can take place. The Act covers these messages if they originate (a) in Australia, or (b) overseas but are sent to an address accessed in Australia.

In the Act, spam is unsolicited commercial electronic messaging - this is a narrower meaning than usual! The Act declares spam is illegal: infringing organisations may face enforcement of the Act, and possibly financial penalties. The Australian Communications Authority (ACA) is responsible for enforcing the Act.

What is the impact on your business?

Your organisation relies on commercial e-mail, and other of electronic messaging.

How can you ensure your business complies with the Act? Follow 3 steps:

  1. Consent Ensure the recipient has given consent to receive the message. Consent may be explicit, but can also be inferred from eg. a business relationship with the recipient.
  2. Identification Ensure that your commercial messages contain clear and accurate identification and contact details of you, the sender.
  3. Unsubscribe Ensure that your commercial messages contain an unsubscribe facility which enable a person to indicate they do not want to receive these messages. And act on these unsubscribe instructions!

How can you take action about spam received?

For Australian originating spam, contact your ISP. Other reporting mechanisms will be set up and advised by the ACA.

 

More Information

For more detailed information about the Spam Act, and other spam resources, go to the i-way web site and click on the new Fight Spam page.

 

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