Financial penalties for breaches of the legislation have recently increased |
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Under most Commonwealth laws, financial penalties are expressed in terms of ‘penalty units’ instead of dollar figures. As an example, a maximum fine would generally be expressed as ’10 penalty units’ as opposed to ‘$1000’. The Australian Government recently increased the value of penalty units that apply to breaches of most Australian Government laws. On 28 December 2012, the value of a penalty unit for calculating financial penalties increased from $110 to $170. The penalty unit value had not been adjusted since 1997. The civil penalties that apply for contraventions of the Spam Act 2003 are calculated using penalty units. This means that all financial penalties calculated using penalty units under the Spam Act 2003 will be higher for breaches of the legislation that occur on or after 28 December 2012. The ACMA is currently in the process of updating its website and other information and fact sheets about the Spam Act 2003 to reflect the new higher penalty unit value. |
2013
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March – The ACMA issued a formal warning to online retailer Groupon Australia Pty Ltd for sending daily email newsletters without consent, as required by the Spam Act. The media release was issued on 14 March 2013.
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January - Online bookmaker Betezy Pty Limited has paid a $6,600 penalty after an investigation found that it sent email newsletters and SMS campaigns without including an option to unsubscribe, as required by the Spam Act. The media release was issued on 17 January 2013.
2012
- December - The ACMA issued a formal warning to McDonald’s Australia Limited under the Spam Act in relation to a ‘send to friends’ facility on the McDonald’s Happy Meal website. The media release was issued on 18 December 2012.
- October - The ACMA issues a formal warning to A.AAAAAAAAbbey Home Services Pty Ltd, trading as Barry’s Plumbing and Electrical, for sending SMS messages without the recipients’ consent, in breach of the Spam Act. The formal warning was issued on 5 October 2012.
- October - The ACMA accepts an enforceable undertaking from Tiger Airways Holdings Limited—and payment of a $110,000 infringement notice by its subsidiary Tiger Airways Australia Pty Limited—for failing to unsubscribe customers from marketing emails. The media release was issued on 25 October 2012.
- September - The ACMA issues formal warnings to Aussie Web Tech Pty Ltd and MyCRA Pty Ltd for sending messages without an unsubscribe facility, in breach of the Spam Act. The media release was issued on 6 September 2012.
- August - The ACMA has commenced proceedings in the Federal Court in Sydney against JER Pty Ltd for breach of an enforceable undertaking under the Spam Act 2003. More ...
- May - The ACMA issues formal warning to Global Billing Solutions Pty Ltd for sending messages without consent and an unsubscribe facility, in breach of the Spam Act. The media release was issued on 16 May 2012.
- April - The ACMA issues a formal warning to 'daily deals' website promoter, Moosta Pty Ltd, for sending messages without an unsubscribe facility, in breach of the Spam Act. The formal warning was issued on 4 April 2012.
- April - The ACMA issues a formal warning to Melbourne based travel business Ezystays Pty Ltd, for sending messages without consent, in breach of the Spam Act. The media release was issued on 3 April 2012.
- March - The ACMA has accepted an enforceable undertaking from the owner and operator of the National Poker League, EventsHQ Pty Ltd following an investigation into its compliance with the Spam Act. The media release was issued on 7 March 2012.
- February - The ACMA issues formal warnings to Select Print Solutions Pty Ltd and SThree Australia Pty Ltd for not complying with the Spam Act for sending messages without consent. The media release was issued on 9 February 2012.
- January - The ACMA has accepted an enforceable undertaking, including correctional measures, from one of the world’s largest mobile phone manufacturers, Nokia Corporation. The media release was issued on 24 January 2012.
2011
- October - The ACMA has accepted an enforceable undertaking from nightclub promoter Urban Agent following an investigation into its compliance with the Spam Act. The media release was issued on 30 November 2011.
- September - The ACMA issues a formal warning to Apus Corporation Pty Ltd for sending messages without consent, in breach of the Spam Act. The media release was issued on 28 September 2011.
- August - The ACMA issues a formal warning to Image Marketing Group Limited for not complying with the Spam Act for sending messages without consent. The media release was issued on 7 September 2011.
- July - The ACMA issues a formal warning to Astute Corporation Pty Ltd for not complying with the Spam Act for sending messages without consent. The media release was issued on 10 August 2011.
- February - The ACMA issues two formal warnings to SNX Pty Ltd–trading as Premier Auto Wholesale–and Home Loan Selection Services for not complying with the Spam Act for sending messages without consent. The media release has more information.
- January - The ACMA has accepted an enforceable undertaking with a financial component of $110,000 from Virgin Blue Airlines following an investigation into its email marketing practices. The media release has more information.
The ACMA enforcement actions issued before 2011 are available in the ACMA enforcement action archives page.
A list of enforceable undertakings accepted under the Spam Act is available.
Evidence gathering
Complaints and reports about spam submitted by the public to the ACMA are also used to:
- identify phishing and mule recruitment spam scams, which are reported to the Australian High Tech Crime Centre (AHTCC).
- Special reports to overseas authorities have also been prepared. For example, a detailed report provided to the Internet Society of China led to the Chinese 'IP addresses' that were the source of the spam, being returned to normal non-spamming operation. For more information on these activities, visit International cooperation.
