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Monday, 1 December 2003
Page: 23371

Bill returned from the Senate with amendments.

Ordered that the amendments be considered forthwith.

Senate's amendments—

(1) Clause 16, page 15 (line 14), omit “a commercial”, substitute “an unsolicited commercial”.

(2) Clause 16, page 15 (after line 19), after subclause (1), insert:

(1A) For the purposes of subsection (1), a commercial electronic message is not unsolicited if at the time the message was sent, the sender had ascertained with reasonable diligence that the addressee had a specific commercial interest in receiving the message.

(3) Clause 16, page 16 (line 3), after “subsection”, insert “(1A),”.

(4) Clause 18, page 18 (line 16), omit “and”.

(5) Clause 18, page 18 (line 17), omit paragraph 18(1)(b).

(6) Schedule 1, page 40 (line 18), at the end of paragraph 3(a), add:

(v) not for profit political lobby groups;

(vi) trade unions;

(7) Schedule 2, page 43 (after line 26), after paragraph 4(2)(b), insert:

(ba) the electronic address was obtained for the commercial purpose not more than 6 months before the commercial electronic message was sent; and

(8) Schedule 2, page 44 (after line 16), after clause 4, insert:

4A When an electronic message is not a designated commercial electronic message

An electronic message is not a designated commercial electronic message if the relevant electronic account holder has previously indicated a desire not to receive messages of that kind from the sender.

(9) Schedule 2, page 44 (lines 28 to 30), omit paragraph 6(1)(b).