Document ID: chunk:federal_register_of_legislation:F2021L00285:reg:7
Version: federal_register_of_legislation:F2021L00285
Segment Type: reg
Provision Reference: reg 7
Character Range: 3598–5485

7  Conditions for electronic address for receiving unsubscribe message
 (1) For the purposes of paragraph 18(1)(g) of the Act, this section specifies the conditions to be complied with by an electronic address set out in a commercial electronic message as the electronic address to be used to send an unsubscribe message.

Premium service
 (2) The use of the electronic address must not require the recipient of the commercial electronic message to use a premium service.

Usual cost
 (3) The electronic address must not cost more to use than the usual cost of using that kind of electronic address, using the same kind of technology as was used to receive the commercial electronic message.

Fees and charges
 (4) Subject to subsection (5), the use of the electronic address must not require the recipient of the commercial electronic message to pay a fee or other charge to the sender of the message or a related person.
 (5) If the sender of the commercial electronic message is also a carrier or a carriage service provider, subsection (4) does not apply to a fee or charge ordinarily imposed, for the use of carriage services, by the sender:
 (a) in the capacity of carrier or carriage service provider; and
 (b) on a monthly or other periodic basis.

Personal information and accounts
 (6) The use of the electronic address must not require the recipient of the commercial electronic message to:
 (a) provide personal information (within the meaning of the Privacy Act 1988) other than the electronic address to which the commercial electronic message was sent; or
 (b) log in to an existing account, or create a new account, with:
 (i) the person who sent the commercial electronic message or caused the message to be sent; or
 (ii) the individual or organisation who authorised the sending of the commercial electronic message.

Part 4—Application and transitional provisions