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CAUBE.AU
(Coalition Against Unsolicited Bulk Email, Australia)

Information on the Spam Act 2003

The Spam Act 2003 is in force as of 10th April 2004. As of that date it is illegal to send even one unsolicited commercial email that meets any one of the categories below. That is, the message is sent:

  1. from Australia; or

  2. by senders who:

    1. are physically present in Australia; or

    2. are organisations with central management and control (board meetings) in Australia; or

  3. to computers in Australia (including the recipient’s personal computer); or

  4. to recipients who read the message when they:

    1. are physically present in Australia; or

    2. are organisations carrying on business in Australia;

There are also requirements for an “opt-out” facility in all commercial email – even if the commercial email was requested.

Note: the maximum daily penalty is $1.1million.for companies, and $220,000 for individuals, and anybody knowingly concerned in a violation is liable.

For more information on the requirements of this law, click here.

About CAUBE

CAUBE.AU was formed to represent the views of those in Australia who are opposed to the advertising practices which are collectively known as email spam. Consumers are increasingly hostile to spam, whether it comes from unknown or known senders. CAUBE.AU is an all-volunteer grassroots organisation dedicated to eliminating spam from electronic mail boxes, with a focus on Australia's role in preventing spam. We pursue these aims through community education programs, by providing this site, which is a central repository for information on spam in Australia, and by providing advice to the government on how best to deal with the spam problem.

We have been involved in numerous activities that have improved the regulatory situation in Australia, including activities leading up to the enactment of the Spam Act 2003, consultations on the best practice model for electronic commerce, Parliamentary committee inquiries, and industry code development.

Recognising that the trends in spam volumes clearly demonstrate that spam is a real danger to the value of electronic mail, the Australian Government and the Australian Parliament acted to ban most spam, passing the Spam Bill 2003 in December 2003. This reflects the reality that by its nature, the spam problem cannot be solved without legislation designed to deal with spam. The resulting Spam Act 2003 (Cth) outlaws the vast majority of spam

While we regard legislation as necessary for consumer protection, we also value the role of education. While education cannot address the problem of unrepentant spammers who would happily destroy the Internet if it would earn them a few bucks in change, there are those who spam simply because they are not aware of the destructive nature of that method of advertising. We believe that many of these people, when given a reasonable and balanced representation of the facts, will agree that spam is an inexcusably unethical method of promoting their products.

Sign Up!Sign Up

Sign up to add your voice to the fight against spam. Joining CAUBE.AU or one of our affiliates in the United States, Europe, India or Canada helps us to continue the fight against spam for you. In other countries, consider volunteering for the Asia-Pacific Coalition Against Unsolicited Commercial Email, or for the International Coalition Against Unsolicited Commercial Email. There is no charge to join, and by doing so you will be helping to stop spam for good.


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