Commonwealth Consolidated Acts

SPAM ACT 2003 - SECT 21

  (1)   A person must not acquire:

  (a)   address - harvesting software; or

  (b)   a right to use address - harvesting software; or

  (c)   a harvested - address list; or

  (d)   a right to use a harvested - address list;

if the person is:

  (e)   an individual who is physically present in Australia at the time of the acquisition; or

  (f)   a body corporate or partnership that carries on business or activities in Australia at the time of the acquisition.

Note:   For treatment of partnerships, see section   585 of the Telecommunications Act 1997 .

  (2)   Subsection   ( 1) does not apply if the person did not intend to use the address - harvesting software or the harvested - address list, as the case may be, in connection with sending commercial electronic messages in contravention of section   16.

Ancillary contraventions

  (3)   A person must not:

  (a)   aid, abet, counsel or procure a contravention of subsection   ( 1); or

  (b)   induce, whether by threats or promises or otherwise, a contravention of subsection   ( 1); or

  (c)   be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection   ( 1); or

  (d)   conspire with others to effect a contravention of subsection   ( 1).

Civil penalty provisions

  (4)   Subsections   ( 1) and (3) are civil penalty provisions .

Note:   Part   4 provides for pecuniary penalties for breaches of civil penalty provisions.