AUSTRALIA: The Spam Act & Code of Practice

Australia''''''''s anti-spam legislation - the Spam Act 2003 covers email, instant messaging, SMS (text messages) and MMS (image-based mobile phone messaging) messages of a commercial nature. It does not cover faxes, internet pop-ups or voice telemarketing. Telemarketing calls are covered by the Do Not Call Register.

Under the Spam Act, it is illegal to send, or cause to be sent, ''''''''unsolicited commercial electronic messages'''''''' that have an Australian link. A message has an Australian link if it originates or was commissioned in Australia, or originates overseas but has been sent to an address accessed in Australia. The legislation sets out penalties of up to $1.1 million a day for repeat corporate offenders.

The main Acts associated with anti-spam legislation are available at:

Spam (Consequential Amendments) Act 2003
Spam Regulations 2004
Telecommunications Act 1997

Exemptions

The following organisations are exempt from the Spam Act:

government bodies
registered political parties
charities
religious organisations
educational institutions (for messages sent to current and former students).
Messages sent by these organisations must relate to goods or services and the sender must be the supplier of those goods or services.

Codes of Practice

Australia"s e-marketing and internet industries have developed separate, complementary codes of practice to supplement the Spam Act. The codes elaborate the requirements of the Spam Act and provide procedures to enable organisations to comply with the Act and handle spam complaints.

The e-Marketing code of practice was registered on 16 March 2005. The Australian Direct Marketing Association (ADMA), which developed the code of practice with other industry and consumer representatives, also developed the Best Practice Marketing Guidelines for industry.

The Internet Industry Association (IIA) developed The Internet Industry Spam code of practice and it was registered on 16 March 2006.