Media release 85/2012 - 7 November
The Federal Court has ordered JER Pty Ltd (JER), a nightclub promoter trading as ‘Urban Agent’, to comply with an enforceable undertaking it gave in 2011 to the Australian Communications and Media Authority to comply with the Spam Act.
As part of the undertaking, JER agreed to audit its compliance with the Spam Act every quarter for two years and provide a report of each audit to the ACMA. After it failed to meet this obligation, the ACMA began proceedings in the court to enforce the undertaking.
‘Enforceable undertakings are an alternative to civil proceedings under the Spam Act,’ said ACMA Chairman, Chris Chapman. ‘We may accept them in a suitable case. But when we do, the company has to get serious about complying with it in full—and demonstrate real outcomes.
‘The "enforceable" in enforceable undertaking means that if we need to, we will ask the court to order the company to comply.’
JER admitted to breaching the undertaking and consented to orders made by the court requiring it to provide the three outstanding audit reports to the ACMA by early December 2012 and five new reports on specified dates. JER has also been ordered to pay a contribution to the ACMA’s court costs.
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