Commonwealth Consolidated Acts

SPAM ACT 2003 - SCHEDULE 1

Note:   See section   4.

1   Object

    The object of this Schedule is to define the expression designated commercial electronic message .

Note 1:   Designated commercial electronic messages must comply with section   17 (commercial electronic messages must include information about the individual or organisation who authorised the sending of the message).

Note 2:   Designated commercial electronic messages are exempt from section   16 (unsolicited commercial electronic messages must not be sent) and section   18 (commercial electronic messages must contain a functional unsubscribe facility).

2   Factual information

  (1)   For the purposes of this Act, an electronic message is a designated commercial electronic message if:

  (a)   the message consists of no more than factual information (with or without directly - related comment) and any or all of the following additional information:

  (i)   the name, logo and contact details of the individual or organisation who authorised the sending of the message;

  (ii)   the name and contact details of the author;

  (iii)   if the author is an employee--the name, logo and contact details of the author's employer;

  (iv)   if the author is a partner in a partnership--the name, logo and contact details of the partnership;

  (v)   if the author is a director or officer of an organisation--the name, logo and contact details of the organisation;

  (vi)   if the message is sponsored--the name, logo and contact details of the sponsor;

  (vii)   information required to be included by section   17;

  (viii)   information that would have been required to be included by section   18 if that section had applied to the message; and

  (b)   assuming that none of that additional information had been included in the message, the message would not have been a commercial electronic message; and

  (c)   the message complies with such other condition or conditions (if any) as are specified in the regulations.

3   Government bodies, political parties and charities

    For the purposes of this Act, an electronic message is a designated commercial electronic message if:

  (a)   the sending of the message is authorised by any of the following bodies:

  (i)   a government body;

  (ii)   a registered political party;

  (iii)   a registered charity; and

  (b)   the message relates to goods or services; and

  (c)   the body is the supplier, or prospective supplier, of the goods or services concerned.

4   Educational institutions

    For the purposes of this Act, an electronic message is a designated commercial electronic message if:

  (a)   the sending of the message is authorised by an educational institution; and

  (b)   either or both of the following subparagraphs applies:

  (i)   the relevant electronic account - holder is, or has been, enrolled as a student in that institution;

  (ii)   a member or former member of the household of the relevant electronic account - holder is, or has been, enrolled as a student in that institution; and

  (c)   the message relates to goods or services; and

  (d)   the institution is the supplier, or prospective supplier, of the goods or services concerned.

5   Regulations

    The regulations may provide that a specified kind of electronic message is a designated commercial electronic message for the purposes of this Act.