Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 129, 2003
Compilation No. 10
Compilation date: 10 March 2016
Includes amendments up to: Act No. 4, 2016
Registered: 9 June 2016
About this compilation
This compilation
This is a compilation of the Spam Act 2003 that shows the text of the law as amended and in force on 10 March 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Introduction
1 Short title
2 Commencement
3 Simplified outline
6 Commercial electronic messages
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
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
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
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)
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
Part 6--Enforceable undertakings
37 Simplified outline
38 Acceptance of undertakings
39 Enforcement of undertakings
40 Assessment of compensation for breach of undertaking
Part 7--Miscellaneous
41 Formal warnings--breach of civil penalty provision
42 Additional ACMA functions
43 Operation of State and Territory laws
44 Implied freedom of political communication
45 Giving effect to international conventions
47 Regulations
Schedule 1--Designated commercial electronic messages
1 Object
2 Factual information
3 Government bodies, political parties and charities
5 Regulations
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
Schedule 3--Infringement notices
1 Object
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
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
129, 2003 | 12 Dec 2003 | s 15-41, 43-46, Sch 1 and 3: 10 Apr 2004 (s 2(1) items 3, 4, 6, 8, 10) |
| |
Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 | 45, 2005 | 1 Apr 2005 | Sch 1 (items 121-123), Sch 2 and Sch 4: 1 July 2005 (s 2(1) items 2, 3, 10) | Sch 4 |
8, 2010 | 1 Mar 2010 | Sch 5 (item 137(a), (c)): 1 Mar 2010 (s 2(1) item 38) | -- | |
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 | 103, 2010 | 13 July 2010 | Sch 6 (items 1, 100-103): 1 Jan 2011 (s 2(1) items 3, 5) | -- |
46, 2011 | 27 June 2011 | Sch 2 (item 1059) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 7, 12) | Sch 3 (items 10, 11) | |
Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 | 169, 2012 | 3 Dec 2012 | Sch 2 (items 208-210): 3 Dec 2012 (s 2(1) item 7) | -- |
Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 4 (items 50-53) and Sch 8 (item 39): 24 June 2014 (s 2(1) item 9) | -- |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 6 (item 6): 10 Mar 2016 (s 2(1) item 6) | -- |
Provision affected | How affected |
Part 1 |
|
s 3..................... | am No 31, 2014 |
s 4..................... | am No 45, 2005; No 8, 2010; No 103, 2010; No 46, 2011; No 169, 2012; No 31, 2014 |
s 5 ..................... | am No 8, 2010; No 31, 2014 |
Part 4 |
|
s 26.................... | am No 45, 2005 |
s 28.................... | am No 45, 2005 |
s 29.................... | am No 45, 2005 |
Part 5 |
|
s 32.................... | am No 45, 2005 |
Part 6 |
|
s 37.................... | am No 45, 2005 |
s 38.................... | am No 45, 2005 |
s 39.................... | am No 45, 2005 |
Part 7 |
|
s 41.................... | am No 45, 2005 |
s 42.................... | am No 45, 2005 |
s 46.................... | rep No 4, 2016 |
Schedule 1 |
|
c 3..................... | am No 169, 2012 |
Schedule 3 |
|
c 2 ..................... | am No 45, 2005 |
c 4 ..................... | am No 45, 2005 |
c 9 ..................... | am No 45, 2005 |