From: Darryl Smith (Darrylradio-active.net.au)
Date: Wed Jan 07 2004 - 02:07:22 CST

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With Respect DarkPeace,

I hate SPAM, but get your facts right. I did not see the SPAM message since
my AntiSPAM software killed it off. Having said that, your are incorrect in
some statements made in your email. It is ***NOT*** illegal to SPAM in
Australia yet. The SPAM ACT 2003 will not be LAW until 120 days after it
gets royal accent. That means that it will come into force on the 10th April
(according to the Act) or 11th April, 2004 (according to the press release).
A press release to this effect is available on
http://www.darylwilliams.dcita.gov.au/Article/0,,0_7-2_4011-4_117569,00.html

The SPAM ACT 2003 can be found at
http://scaleplus.law.gov.au/html/pasteact/3/3628/pdf/1292003.pdf, and the
Spam (Consolidated Amendments Act) can be found on
http://scaleplus.law.gov.au/html/comact/11/6736/pdf/1302003.pdf

Also, the SPAM ACT makes no reference to $500 per message. This is
particularly hard in Australia since the fines are expressed in terms of
Penalty Units. According to the Crimes Act 1914, is A$110. This makes it
very hard to have a penalty of $500. The penalties are below. I would
suggest that businesses refrain from sending SPAM, including to Instant
Messaging, and SMS.

                                    First On a Day
2nd on a day

Person

First Offence $2,200/$1,100
$44,000/$22,000

Prior Offence $11,000/$5,000
$22,000/$11,000

Body Corporate

First Offence $11,000/$5,500
$220,000/$110,000

Prior Offence $55,000/$27,500
$1,100,000/$550,000

Unfortunately these are all payable to the commonwealth.

Darryl

P.S. I am not a Lawyer.

---------
Darryl Smith, VK2TDS POBox 169 Ingleburn NSW 2565 Australia
Mobile Number 0412 929 634 [+61 4 12 929 634 International]
www.radio-active.net.au - www.radio-active.net.au\tracking
  

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