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Spam Legislation
I hate SPAM, but get your facts right. I did not see the SPAM message since
my AntiSPAM software killed it off. Having said that, your are incorrect in
some statements made in your email. It is ***NOT*** illegal to SPAM in
Australia yet. The SPAM ACT 2003 will not be LAW until 120 days after it
gets royal accent. That means that it will come into force on the 10th April
(according to the Act) or 11th April, 2004 (according to the press release).
A press release to this effect is available on
http://www.darylwilliams.dcita.gov.au/Article/0,,0_7-2_4011-4_117569,00.html
The SPAM ACT 2003 can be found at
http://scaleplus.law.gov.au/html/pasteact/3/3628/pdf/1292003.pdf, and the
Spam (Consolidated Amendments Act) can be found on
http://scaleplus.law.gov.au/html/comact/11/6736/pdf/1302003.pdf
Also, the SPAM ACT makes no reference to $500 per message. This is
particularly hard in Australia since the fines are expressed in terms of
Penalty Units. According to the Crimes Act 1914, is A$110. This makes it
very hard to have a penalty of $500. The penalties are below. I would
suggest that businesses refrain from sending SPAM, including to Instant
Messaging, and SMS.
|
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First On a Day |
2nd on a day |
| Person |
|
First Offence |
$2,200/$1,100 |
$44,000/$22,000 |
|
Prior Offence |
$11,000/$5,500 |
$22,000/$11,000 |
| Body Corporate |
|
First Offence |
$11,000/$5,500 |
$220,000/$110,000 |
|
Prior Offence |
$55,000/$27,500 |
$1,100,000/$550,000 |
Unfortunately these are all payable to the commonwealth.
Darryl
P.S. I am not a Lawyer.
Who is Radioactive Networks?
Radioactive Networks is a consulting company with extensive
experience in mobile tracking technologies. We have used these technologies
successully in events as diverse as the Olympics, the IronMan
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Ca. Our unique catalog of Hardware and Software allow us to provide an
economical solution to almost any business need.
Based in Sydney, Australia, Radioactive Networks have the experience
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darryl@radio-active.net.au
This page was last updated 2005-09-02 15:07:02
This page was last compiled 2005-11-15 19:14:10
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