New legislation to control junk e-mail or "spam" came into effect from 10 April 2004. If you manage e-mail for clients or use it for marketing, you may need to manage it differently to avoid penalty.
The following resources are intended to provide an explanation of the Spam Act requirements and practical advice on what you may need to do within you own business to comply with the legislation. Links and contacts for more information are included.
In summary - the three key steps you should follow are:
- Consent Only send commercial electronic messages with the addressee's consent - either express or inferred consent.
- Identify Include clear and accurate information about the person or business that is responsible for sending the commercial electronic message.
- Unsubscribe Ensure that a functional unsubscribe facility is included in all your commercial electronic messages. Deal with unsubscribe requests promptly.
Useful links that may help you:
- Australian Direct Marketing Association (www.adma.com.au)
- National Office for the Information Economy (www.noie.gov.au)
- Australian Broadcasting Authority (www.aba.gov.au)
- Office of the Federal Privacy Commissioner (www.privacy.gov.au)
- Australian Competition and Consumer Commission (www.accc.gov.au)
- Scamwatch (www.scamwatch.gov.au)
- International Telecommunications Union (www.itu.int)
- Organisation for Economic Co-operation and Development (www.oecd.org)
- Coalition Against Unsolicited Bulk Email (CAUBE)Australia(www.caube.org.au)
- Australian Securities and Investments Commission (www.asic.gov.au)
Use the information below for more detailed explanation.
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Spam - A Business Overview (pdf - 180.9 kb)
A snapshot of the Spam Act and its implications for your business. |
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Spam Act Practical Guide (pdf - 240.8 kb)
A step-by-step guide covering what you need to do in your business, definitions affecting your use of e-mail, the 'Unsubscribe' function and penalties. |
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Spam Act - Freaquently Asked Questions (doc - 68 kb)
What is spam? Why is spam a problem? What does the Australian legislation do? As a marketer or business sending commercial emails, what should I do? As an ISP, web-based email provider or other member of the internet industry, what should I do? As a consumer or business end-user, what can I do to reduce the spam I receive? Most spam comes from overseas. How effective will Australian legislation be? Where do I complain? Useful links |
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Spam Act 2003 (doc - 350 kb)
The Australian Governemnt's Spam Act 2003. Full legislation. |
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