Australia
.: Law & regulation
Specific spam law: Spam Act 2003
The act came into effect on 10 April 2004. Under the new law it is illegal to send, or cause to be sent, ’unsolicited commercial electronic messages’ that have an Australian link. The Australian Communications Authority is the Commonwealth Government body that enforces the Spam Act (source).
Other law applicable to spam: Trade Practices Act 1974
Part V (civil) and Part VC (criminal) may apply to spam with misleading or deceptive content.
.: Enforcement
WHO TO CONTACT?
Australian Communications Authority
Attn: Mr. Anthony Wing
Manager, Anti-Spam Team
PO Box 13112, Law Courts
Melbourne VIC 8010
Tel: +61 3 9963 6953
E-mail: anthony.wing at aca.gov.au
Department of Communications, Information Technology and the Arts (DCITA)
Attn: Mr. Andrew Maurer
Manager, Online Policy
Information Economy
GPO Box 2154
Canberra ACT 2601
Tel: +61 2 6271 1259
Fax: +61 2 6271 1098
E-mail: Andrew.Maurer at dcita.gov.au
LIST OF ENFORCEMENT AGENCIES
Australian Competition and Consumer Commission
The ACCC promotes competition and fair trade in the market place to benefit consumers, business and the community. Its primary responsibility is to ensure that individuals and businesses comply with the Commonwealth competition, fair trading and consumer protection laws (source).
Australian Communications and Media Authority
The Australian Communications and Media Authority (ACMA) is responsible for the regulation of broadcasting, radiocommunications, telecommunications and online content. Amongst other things it aims to protect consumers and other users whilst fostering an environment in which electronic media respect community standards and respond to audience and user needs (source).
Australian Federal Police/ Australian High Tech Crime Centre
The Australian High Tech Crime Centre (AHTCC), hosted in Canberra by the Australian Federal Police (AFP) aims to provide a coordinated approach to combating high tech crime in Australia. Crimes can include computer intrusions, unauthorised modification of data and the creation or distribution of malicious software (viruses or Trojans). It should be noted that a crime is not necessarily considered ’high tech’ because technology has been used, for example frauds that are conducted online are not always regarded as ’high tech’ (source).
Australian Security and Investments Commission
The Australian Securities & Investments Commission enforces and regulates company and financial services laws to protect consumers, investors and creditors. It provides general information about spam via its consumer website, FIDO (source).
.: Education, Awareness & Industry Initiatives
Government awareness initiatives
Scamwatch
A clear and lively website designed to inform consumers about various “too good to be true” schemes. Its internet scams section focuses mainly on fraud-oriented spam such as pyramid schemes, ramping and unexpected promotions.
Private awareness initiatives
IIA National Spam Initiative
The Internet Industry Association is the national, non-profit, industry organisation representing internet businesses in Australia. The "National Spam Campaign" section of its website provides a list of mail filtering services. All cited companies have agreed to commit to a minimum one-month free trial of their products so that users have the chance to try some options and find a solution that works best for them.
Australian Direct Marketing Association “Do Not Contact” Service
The Australian Direct Marketing Association represents over 500 companies. The banks, insurance companies, publishers, mail order companies and charities which make up its membership have agreed to cease sending marketing materials, including via e-mail, to any person who may request it. Individuals can sign up to the free “Do Not Contact” service via the ADMA website.
Latest update : 14th November 2005
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