Telecommunications Act 1997

The ACMA may, by legislative instrument, determine a standard that:

applies to participants in each section of the fax marketing industry; and

deals with the following matters relating to the fax marketing activities of those participants:

restricting the hours and/or days during which marketing faxes may be sent, or attempted to be sent, to an Australian number;

requiring that a marketing fax sent to an Australian number must contain specified information about the person who authorised the sending of the fax;

restricting the total number of marketing faxes sent, or attempted to be sent, by the relevant participant during a particular period to a particular Australian number;

requiring that, if a marketing fax sent to an Australian number is authorised by a particular person (the authorising person), the fax must contain information about how the recipient of the fax may send a message to the effect that the recipient does not want to receive any marketing faxes authorised by the authorising person.

For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

A standard under subsection (1) is to be known as an industry standard.

If the ACMA is satisfied that a body or association represents a section of the fax marketing industry, the ACMA must consult the body or association before determining a standard under subsection (1).

The ACMA must ensure that a standard is in force under subsection (1) at all times after the commencement of this section.

For the purposes of this section, authorise, when used in relation to a marketing fax, has the same meaning as in the Do Not Call Register Act 2006.