Spam Act 2003
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CitationSpam Act 2003
ConsideredbyHouse of Representatives
ConsideredbySenate
Assentedto12 December 2003
| Spam Act 2003 | |
|---|---|
 | |
| Parliament of Australia | |
| |
| Citation | Spam Act 2003 |
| Considered by | House of Representatives |
| Considered by | Senate |
| Assented to | 12 December 2003 |
| Commenced | 12 December 2003 |
| Legislative history | |
| First chamber: House of Representatives | |
| Bill title | Spam Bill 2003 |
| Bill citation | Spam Bill 2003 |
| Introduced by | Peter McGauran |
| Introduced | 18 September 2003 |
| First reading | 18 September 2003 |
| Second reading | 18 September 2003 |
| Third reading | 9 October 2003 |
| Second chamber: Senate | |
| First reading | 13 October 2003 |
| Second reading | 25 November 2003 |
| Third reading | 28 November 2003 |
| Related legislation | |
| Telecommunications Act 1997 | |
| Status: In force | |
The Spam Act 2003 (Cth) is an Act passed by the Australian Parliament in 2003 to regulate commercial e-mail and other types of commercial electronic messages. The Act restricts spam, especially e-mail spam and some types of phone spam, as well as e-mail address harvesting. However, there are broad exemptions.[1]
The first portions of the Act came into effect on 12 December 2003, the day the act received Royal Assent, with the remaining sections of the Act coming into force on 10 April 2004. The Act was originally enforced by the Australian Communications Authority, which in 2005 merged into the Australian Communications and Media Authority (ACMA).
The key points of the Act provide that:[2]
- Unsolicited commercial electronic messages must not be sent unless it is a designated commercial electronic message defined at Schedule 1 of the Act.
- Commercial electronic messages must include information about the individual or organisation who authorised the sending of the message.
- Commercial electronic messages must contain a functional unsubscribe facility.
- Address‑harvesting software must not be supplied, acquired or used.
- An electronic address list produced using address‑harvesting software must not be supplied, acquired or used.
- The main remedies for breaches of the Act are civil penalties and injunctions.