Document ID: chunk:federal_register_of_legislation:C2010A00046:clause:1a_125b
Version: federal_register_of_legislation:C2010A00046
Segment Type: clause
Provision Reference: sch 1A cl 125B
Character Range: 47899–49707

125B  ACMA must determine certain industry standards relating to the fax marketing industry
 (1) The ACMA may, by legislative instrument, determine a standard that:
 (a) applies to participants in each section of the fax marketing industry; and
 (b) deals with the following matters relating to the fax marketing activities of those participants:
 (i) restricting the hours and/or days during which marketing faxes may be sent, or attempted to be sent, to an Australian number;
 (ii) requiring that a marketing fax sent to an Australian number must contain specified information about the person who authorised the sending of the fax;
 (iii) restricting the total number of marketing faxes sent, or attempted to be sent, by the relevant participant during a particular period to a particular Australian number;
 (iv) requiring that, if a marketing fax sent to an Australian number is authorised by a particular person (the authorising person), the fax must contain information about how the recipient of the fax may send a message to the effect that the recipient does not want to receive any marketing faxes authorised by the authorising person.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (2) A standard under subsection (1) is to be known as an industry standard.
 (3) If the ACMA is satisfied that a body or association represents a section of the fax marketing industry, the ACMA must consult the body or association before determining a standard under subsection (1).
 (4) The ACMA must ensure that a standard is in force under subsection (1) at all times after the commencement of this section.
 (5) For the purposes of this section, authorise, when used in relation to a marketing fax, has the same meaning as in the Do Not Call Register Act 2006.