Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Communications and Media Authority v Clarity1 Pty Ltd [2006] FCA 410
MEDIA LAW – unsolicited commercial electronic messages ('spam') – use of harvested electronic addresses – new legislation – harvesting predating legislation – sending of large volume of proscribed messages – messages contained unsubscribe facility – messages to United Kingdom with Australian link – none of the messages designated commercial electronic messages – inference of consent not open from presence of unsubscribe facility in the particular circumstances – inference of consent not open on basis of business or other relationship – nature of such relationship – no application of defence of authority of user of account – defence of conspicuous publication not made out in the circumstances – harvested-address lists used – sole director liable as an accessory in the circumstances
Acts Interpretation Act 1901 (Cth) ss 15AB, 15AB(2) Australian Communications Authority Act 1997 (Cth) s 15 Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 (Cth) Sch 4 item 6(1) Federal Court of Australia Act 1976 (Cth) s 21 Spam Act 2003 (Cth) ss 4, 6, 7, 8, 8(1), 11, 16, 16(1), 16(6), 16(9), 18, 22, 22(1)(b), 22(3), 24, 29, 32, Sch 1 cll 2, 3, 4, 5, Sch 2 cll 2, 4, 5 Telecommunications Act 1997 (Cth) ss 513, 522, 524 Australian Competition and Consumer Commission v Black on White Pty Ltd (2001) 110 FCR 1 Australian Competition and Consumer Commission v Giraffe World Australia Pty Ltd (No 2) (1999) 166 ALR 74 Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission (2002) 213 CLR 543 Dilosa v Latec Finance Pty Ltd (1966) 84 WN (Pt 1) (NSW) 557 Hamilton v Whitehead (1988) 166 CLR 121 Jones v Dunkel (1959) 101 CLR 298 Rural Press Ltd v Australian Competition and Consumer Commission (2002) 193 ALR 399 Trade Practices Commission v Australia Meat Holdings Pty Ltd (1988) 83 ALR 299 Yorke v Lucas (1985) 158 CLR 661
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