Document ID: chunk:federal_register_of_legislation:C2016C00614:section:17
Version: federal_register_of_legislation:C2016C00614
Segment Type: section
Provision Reference: s 17
Character Range: 26618–28455

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.