Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person must not send, or cause to be sent, a commercial electronic message that:
(a) has an Australian link; and
(b) is not a designated commercial electronic message.
Note 1: For Australian link , see section 7.
Note 2: For designated commercial electronic message , see Schedule 1.
(2) Subsection ( 1) does not apply if the relevant electronic account - holder consented to the sending of the message.
Note: For the meaning of consent , see Schedule 2.
(3) Subsection ( 1) does not apply if the person:
(a) did not know; and
(b) could not, with reasonable diligence, have ascertained;
that the message had an Australian link.
(4) Subsection ( 1) does not apply if the person sent the message, or caused the message to be sent, by mistake.
(5) A person who wishes to rely on subsection ( 2), (3) or (4) bears an evidential burden in relation to that matter.
Message must not be sent to a non - existent electronic address
(6) A person must not send, or cause to be sent, a commercial electronic message to a non - existent electronic address if:
(a) the person did not have reason to believe that the electronic address existed; and
(b) the electronic message:
(i) has an Australian link; and
(ii) is not a designated commercial electronic message.
(7) Subsection ( 6) does not apply if the person:
(a) did not know; and
(b) could not, with reasonable diligence, have ascertained;
that the message had an Australian link.
(8) A person who wishes to rely on subsection ( 7) bears an evidential burden in relation to that matter.
Ancillary contraventions
(9) A person must not:
(a) aid, abet, counsel or procure a contravention of subsection ( 1) or (6); or
(b) induce, whether by threats or promises or otherwise, a contravention of subsection ( 1) or (6); or
(c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection ( 1) or (6); or
(d) conspire with others to effect a contravention of subsection ( 1) or (6).
(10) A person does not contravene subsection ( 9) merely because the person supplies a carriage service that enables an electronic message to be sent.
(11) Subsections ( 1), (6) and (9) are civil penalty provisions .
Note: Part 4 provides for pecuniary penalties for breaches of civil penalty provisions.