Regulations
1 Title
These regulations are the Unsolicited Electronic Messages Regulations 2007.
2 Commencement
These regulations come into force on the 28th day after the date of their notification in the Gazette.
Electronic messages that are not commercial electronic messages
Heading: inserted, on 29 October 2018, by regulation 4 of the Unsolicited Electronic Messages Amendment Regulations 2018 (LI 2018/184).
3A Messages sent under or in connection with Takeovers Code are not commercial electronic messages
(1)
The following are excluded from being commercial electronic messages under section 6 of the Act:
(a)
an electronic message sent for the purpose of doing anything in accordance with the code:
(b)
an electronic message sent by a holder of—
(i)
voting securities in a code company for a purpose set out in rule 16C(1) of the code; or
(ii)
financial products in a target company for a purpose set out in rule 42E(1) of the code.
(2)
In this regulation,—
(b)
code company, financial products, target company, and voting securities have the same meanings as in the code.
Regulation 3A: inserted, on 29 October 2018, by regulation 4 of the Unsolicited Electronic Messages Amendment Regulations 2018 (LI 2018/184).
Warrant of appointment of enforcement officers
4 Form of warrant of appointment of enforcement officer
A warrant of appointment issued to an enforcement officer under section 22 of the Act must be in form 1 of the Schedule.
Formal warnings
5 Form of formal warnings
A formal warning issued under section 23 of the Act must be in form 2 of the Schedule.
6 Manner of issuing formal warnings
A formal warning issued under section 23 of the Act must be issued by—
(a)
personal delivery to the person being warned; or
(b)
posting it to the last known residential address of the person being warned.
Civil infringement notices
7 Maximum amount of penalty for civil liability event
The maximum penalty that may be required under a civil infringement notice for each civil liability event alleged to have occurred is—
(a)
$200 per civil liability event for an individual; and
(b)
$500 per civil liability event for an organisation.
8 Objection to civil infringement notice
(1)
An objection to a civil infringement notice—
(b)
must be sent or delivered to the physical or postal address of the enforcement department; and
(c)
may be made only on the grounds that—
(i)
1 or more of the elements required for a civil liability event are not satisfied:
(ii)
the person issued with the notice has a valid defence under the Act; and
(d)
must contain the following information:
(i)
the name and address of the person making the objection; and
(ii)
the number and date of the civil infringement notice; and
(iii)
the grounds of the objection; and
(iv)
sufficient information supporting the grounds of the objection to allow the objection to be considered; and
(e)
must be made on or before the 28th day after the date of service of the civil infringement notice.
(2)
An objection is treated as having been made on the date on which it is received by the enforcement department.
Search warrants[Revoked]
Heading: revoked, on 1 October 2012, by regulation 4 of the Unsolicited Electronic Messages Amendment Regulations 2012 (SR 2012/245).
9 Form of search warrant to enter and search place or thing
[Revoked]Regulation 9: revoked, on 1 October 2012, by regulation 4 of the Unsolicited Electronic Messages Amendment Regulations 2012 (SR 2012/245).