Document ID: chunk:federal_register_of_legislation:F2021L01206:reg:9
Version: federal_register_of_legislation:F2021L01206
Segment Type: reg
Provision Reference: reg 9
Character Range: 8415–10944

9  Provision of information within a fax

      Information to be provided

           (1)           A sender must not send a fax which does not contain the following information:
             (a)      the name of the fax advertiser;
             (b)      the Australian Business Number (ABN) of the fax advertiser, or equivalent business number identification if the fax advertiser is a foreign company;
             (c)      the contact details of the fax advertiser;
             (d)      the destination number that the fax is intended to be sent to;
             (e)      the details of how the fax recipient can communicate an opt-out message, including:
                (i)   a statement to the effect that the fax recipient may opt-out of receiving any future faxes from the fax advertiser by conveying an opt-out message to an opt-out address; and
                (ii)   an opt-out address to which fax recipients can communicate an opt-out message.
           (2)           The information to be provided under subsection (1) must be:
           (a)       displayed in a clear, legible and conspicuous manner;
           (b)       included on the first page of the fax at a minimum;
           (c)       be displayed using a minimum 10 point font size.

      Contact details
           (3)           For subsection (1), contact details includes a telephone or fax number suitable for receiving telephone calls or faxes during normal business hours at the location of the fax advertiser, and at least one of the following:
             (a)      street address;
             (b)      postal or business address, other than a street address;
             (c)      email address.

   10  Providing fax recipients with facility to opt out from receiving further faxes

           (1)           For the purpose of subsection (2), a fax recipient will be taken to have opted out of receiving fax messages if the person has sent to, left at, or otherwise communicated an opt-out message to the opt-out address.
           (2)           A sender must have in place processes to ensure that:
             (a)      the opt-out address provided in the fax is reasonably likely to be capable of receiving opt-out messages at all times;
             (b)      as soon as possible, and no later than 7 days, after a fax recipient has opted-out of receiving fax messages, the fax recipient's number is removed from any list of Australian numbers used by the sender to arrange for the sending of faxes on behalf of the fax advertiser.