17Commercial electronic messages must include accurate sender information

17 Commercial electronic messages must include accurate sender information

(1) A person must not send, or cause to be sent, a commercial electronic message that has an Australian link unless: (a) the message clearly and accurately identifies the individual or organisation who authorised the sending of the message; and (b) the message includes accurate information about how the recipient can readily contact that individual or organisation; and (c) that information complies with the condition or conditions (if any) specified in the regulations; and (d) that information is reasonably likely to be valid for at least 30 days after the message is sent.

Note: For Australian link, see section 7.

(2) Subsection (1) does not apply if the person: (a) did not know; and (b) could not, with reasonable diligence, have ascertained; that the message had an Australian link. (3) Subsection (1) does not apply if the person sent the message, or caused the message to be sent, by mistake. (4) A person who wishes to rely on subsection (2) or (3) bears an evidential burden in relation to that matter. Ancillary contraventions (5) A person must not: (a) aid, abet, counsel or procure a contravention of subsection (1); or (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or (d) conspire with others to effect a contravention of subsection (1). (6) A person does not contravene subsection (5) merely because the person supplies a carriage service that enables an electronic message to be sent. Civil penalty provisions (7) Subsections (1) and (5) are civil penalty provisions.

Note: Part 4 provides for pecuniary penalties for breaches of civil penalty provisions.