Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Communications and Media Authority v JER Pty Ltd [2012] FCA 1198 Citation: Australian Communications and Media Authority v JER Pty Ltd [2012] FCA 1198
Parties: AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY v JER PTY LTD ACN 107 555 475
File number: NSD 1108 of 2012
Judge: PERRAM J
Date of judgment: 30 October 2012
Catchwords: COMMUNICATIONS LAW – Commercial electronic messages – enforcement of undertakings made by nightclub promoter to regulator – application for enforcement orders to be made by consent
Legislation: Evidence Act 1995 (Cth) s 191 Spam Act 2003 (Cth) ss 5, 6, 7, 17, 18, 38, 39
Cases cited: Australian Communications and Media Authority v Atkinson [2009] FCA 1565 followed
Date of hearing: Heard on the papers
Date of last submissions: 16 October 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 29
Solicitor for the Applicant: M Garey of Australian Government Solicitor
Solicitor for the Respondent: W Ahmed of Buttar, Caldwell & Co
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1108 of 2012
BETWEEN: THE AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Applicant
AND: JER PTY LTD ACN 107 555 475
Respondent
JUDGE: PERRAM J DATE OF ORDER: 30 OCTOBER 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to section 39(2)(d) of the Spam Act 2003 (Cth), JER Pty Ltd (JER) comply with clause 5.2.2 of the Undertaking given by JER and accepted by the Australian Communications and Media Authority (ACMA) on 19 October 2011, by: 1.1 providing to ACMA the following quarterly reports required under clause 5.2.2 of the Undertaking that are outstanding as at the date of these orders: 1.1.1 for reporting period 19 October 2011 to 19 January 2012 inclusive, by 5 November 2012; 1.1.2 for reporting period 20 January 2012 to 19 April 2012 inclusive, by 19 November 2012; 1.1.3 for reporting period 20 April 2012 to 19 July 2012 inclusive, by 3 December 2012; and 1.2 providing to ACMA all quarterly reports required under clause 5.2.2 of the Undertaking as follows: 1.2.1 for reporting period 20 July 2012 to 19 October 2012 inclusive, by 17 December 2012; 1.2.2 for reporting period 20 October 2012 to 19 January 2013, by 4 February 2013; 1.2.3 for reporting period 20 January 2013 to 19 April 2013, by 3 May 2013; 1.2.4 for reporting period 20 April 2013 to 19 July 2013, by 2 August 2013; 1.2.5 for reporting period 20 July 2013 to 19 October 2013, by 4 November 2013. 2. JER pay a contribution to ACMA's costs of the proceeding as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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