Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The ACMA may, by legislative instrument, determine a standard that:
(a) applies to participants in each section of the fax marketing industry; and
(b) deals with the following matters relating to the fax marketing activities of those participants:
(i) restricting the hours and/or days during which marketing faxes may be sent, or attempted to be sent, to an Australian number;
(ii) requiring that a marketing fax sent to an Australian number must contain specified information about the person who authorised the sending of the fax;
(iii) restricting the total number of marketing faxes sent, or attempted to be sent, by the relevant participant during a particular period to a particular Australian number;
(iv) requiring that, if a marketing fax sent to an Australian number is authorised by a particular person (the authorising person ), the fax must contain information about how the recipient of the fax may send a message to the effect that the recipient does not want to receive any marketing faxes authorised by the authorising person.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(2) A standard under subsection (1) is to be known as an industry standard .
(3) If the ACMA is satisfied that a body or association represents a section of the fax marketing industry, the ACMA must consult the body or association before determining a standard under subsection (1).
(4) The ACMA must ensure that a standard is in force under subsection (1) at all times after the commencement of this section.
(5) For the purposes of this section, authorise , when used in relation to a marketing fax, has the same meaning as in the Do Not Call Register Act 2006 .