Commonwealth Consolidated Acts

SPAM ACT 2003 - SCHEDULE 3

Note:   See section   30.

1   Object

    The object of this Schedule is to set up a system of infringement notices for contraventions of civil penalty provisions as an alternative to the institution of proceedings in the Federal Court.

2   Definitions

    In this Schedule:

"authorised person" means:

  (a)   the Chair of the ACMA ; or

  (b)   a member of the staff of the ACMA appointed under clause   9.

"civil contravention" means a contravention of a civil penalty provision.

"infringement notice" means an infringement notice under clause   3.

3   When an infringement notice can be given

  (1)   If an authorised person has reasonable grounds to believe that a person has, on a particular day, committed one or more contraventions of a particular civil penalty provision, the authorised person may give to the person an infringement notice relating to those contraventions.

  (2)   An infringement notice must be given within 12 months after the day on which the civil contraventions are alleged to have taken place.

  (3)   This clause does not authorise the giving of 2 or more infringement notices to a person in relation to contraventions of a particular civil penalty provision that allegedly occurred on the same day.

4   Matters to be included in an infringement notice

  (1)   An infringement notice must:

  (a)   set out the name of the person to whom the notice is given; and

  (b)   set out the name of the authorised person who gave the notice; and

  (c)   either:

  (i)   set out brief details of each of the alleged civil contraventions; or

  (ii)   be accompanied by one or more data processing devices that contain, in electronic form, brief details of each of the alleged civil contraventions; and

  (d)   contain a statement to the effect that the matter or matters will not be dealt with by the Federal Court if the penalty specified in the notice is paid to the ACMA , on behalf of the Commonwealth, within:

  (i)   28 days after the notice is given; or

  (ii)   if the ACMA allows a longer period--that longer period; and

  (e)   give an explanation of how payment of the penalty is to be made; and

  (f)   set out such other matters (if any) as are specified by the regulations.

Note:   For the amount of penalty, see clause   5.

  (2)   For the purposes of paragraph   ( 1)(c), the brief details must include the following information in relation to each alleged civil contravention:

  (a)   the date of the alleged contravention;

  (b)   the civil penalty provision that was allegedly contravened.

  (3)   Subparagraph   ( 1)(c)(ii) does not authorise the inclusion of information in a data processing device unless, at the time the infringement notice was given, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference.

  (4)   This clause does not limit the operation of the Electronic Transactions Act 1999 .

5   Amount of penalty

Infringement notice given to a body corporate

  (1)   The penalty to be specified in an infringement notice given to a body corporate must be a pecuniary penalty equal to the number of penalty units worked out using the table:

Infringement notice given to a person other than a body corporate

  (2)   The penalty to be specified in an infringement notice given to a person other than a body corporate must be a pecuniary penalty equal to the number of penalty units worked out using the table:

6   Withdrawal of an infringement notice

  (1)   This clause applies if an infringement notice is given to a person.

  (2)   An authorised person may, by written notice (the withdrawal notice ) given to the person, withdraw the infringement notice.

  (3)   To be effective, the withdrawal notice must be given to the person within 28 days after the infringement notice was given.

Refund of penalty if infringement notice withdrawn

  (4)   If:

  (a)   the penalty specified in the infringement notice is paid; and

  (b)   the infringement notice is withdrawn after the penalty is paid;

the Commonwealth is liable to refund the penalty.

7   What happens if the penalty is paid

  (1)   This clause applies if:

  (a)   an infringement notice relating to one or more alleged civil contraventions is given to a person; and

  (b)   the penalty is paid in accordance with the infringement notice; and

  (c)   the infringement notice is not withdrawn.

  (2)   Any liability of the person for the alleged civil contraventions is discharged.

  (3)   Proceedings under Part   4   may not be brought against the person for the alleged civil contraventions.

8   Effect of this Schedule on civil proceedings

    This Schedule does not:

  (a)   require an infringement notice to be given in relation to an alleged civil contravention; or

  (b)   affect the liability of a person to have proceedings under Part   4 brought against the person for an alleged civil contravention if:

  (i)   the person does not comply with an infringement notice relating to the contravention; or

  (ii)   an infringement notice relating to the contravention is not given to the person; or

  (iii)   an infringement notice relating to the contravention is given to the person and subsequently withdrawn; or

  (c)   limit the Federal Court's discretion to determine the amount of a penalty to be imposed on a person who is found in proceedings under Part   4 to have committed a civil contravention.

9   Appointment of authorised person

    The ACMA may, by writing, appoint a member of the staff of the ACMA as an authorised person for the purposes of this Schedule.

10   Regulations

    The regulations may make further provision in relation to infringement notices.