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Details: C2016C00614
Spam Act 2003
- C2016C00614
In force - Latest Version
Act No. 129 of 2003 as amended, taking into account amendments up to Statute Law Revision Act (No. 1) 2016
An Act about spam, and for related purposes
Administered by: Communications and the Arts
Incorporated Amendments
Statute Law Revision Act (No. 1) 2016 - C2016A00004
sch 6 (item 6)
Registered 09 Jun 2016
Start Date 10 Mar 2016
C2016C00614
Table of contents.
1 Short title
2 Commencement
3 Simplified outline
5 Electronic messages
6 Commercial electronic messages
7 Australian link
8 Authorising the sending of electronic messages
9 Sending of electronic messages—carriage service providers
10 Continuity of partnerships
11 Extended meaning of use
12 Crown to be bound
13 Extension to external Territories
14 Extra-territorial application
Part 2—Rules about sending commercial electronic messages
Part 3—Rules about address-harvesting software and harvested-address lists
Part 4—Civil penalties
Part 5—Injunctions
Part 6—Enforceable undertakings
Part 7—Miscellaneous
Schedule 1—Designated commercial electronic messages
Schedule 2—Consent
Schedule 3—Infringement notices
No. 129, 2003
Compilation No. 10
Compilation date: 10 March 2016
Includes amendments up to: Act No. 4, 2016
Registered: 9 June 2016
About this compilation
This compilation
This is a compilation of the Spam Act 2003 that shows the text of the law as amended and in force on 10 March 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Part 1—Introduction 1
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Simplified outline................................................................................ 2
4............ Definitions.......................................................................................... 3
5............ Electronic messages............................................................................ 9
6............ Commercial electronic messages....................................................... 10
7............ Australian link................................................................................... 12
8............ Authorising the sending of electronic messages................................ 13
9............ Sending of electronic messages—carriage service providers............ 13
10.......... Continuity of partnerships................................................................. 13
11.......... Extended meaning of use.................................................................. 14
12.......... Crown to be bound........................................................................... 14
13.......... Extension to external Territories........................................................ 14
14.......... Extra‑territorial application................................................................ 14
Part 2—Rules about sending commercial electronic messages 15
15.......... Simplified outline.............................................................................. 15
16.......... Unsolicited commercial electronic messages must not be sent.......... 15
17.......... Commercial electronic messages must include accurate sender information 17
18.......... Commercial electronic messages must contain a functional unsubscribe facility 18
Part 3—Rules about address‑harvesting software and harvested‑address lists 21
20.......... Address‑harvesting software and harvested‑address lists must not be supplied 21
21.......... Address‑harvesting software and harvested‑address lists must not be acquired 23
22.......... Address‑harvesting software and harvested‑address lists must not be used 24
Part 4—Civil penalties 26
24.......... Pecuniary penalties for contravention of civil penalty provisions...... 26
25.......... Maximum penalties for contravention of civil penalty provisions..... 27
26.......... Civil action for recovery of pecuniary penalties................................ 30
27.......... Criminal proceedings not to be brought for contravention of civil penalty provisions 30
28.......... Ancillary orders—compensation....................................................... 30
29.......... Ancillary orders—recovery of financial benefit................................ 31
30.......... Schedule 3 (infringement notices)..................................................... 32
Part 5—Injunctions 33
32.......... Injunctions........................................................................................ 33
33.......... Interim injunctions............................................................................ 34
34.......... Discharge etc. of injunctions............................................................. 34
35.......... Certain limits on granting injunctions not to apply............................ 34
36.......... Other powers of the Federal Court unaffected.................................. 35
Part 6—Enforceable undertakings 36
38.......... Acceptance of undertakings.............................................................. 36
39.......... Enforcement of undertakings............................................................ 36
40.......... Assessment of compensation for breach of undertaking................... 37
Part 7—Miscellaneous 38
41.......... Formal warnings—breach of civil penalty provision........................ 38
42.......... Additional ACMA functions............................................................ 38
43.......... Operation of State and Territory laws............................................... 38
44.......... Implied freedom of political communication..................................... 39
45.......... Giving effect to international conventions......................................... 39
47.......... Regulations....................................................................................... 39
Schedule 1—Designated commercial electronic messages 40
1............ Object................................................................................................ 40
2............ Factual information........................................................................... 40
3............ Government bodies, political parties and charities............................. 41
4............ Educational institutions..................................................................... 41
5............ Regulations....................................................................................... 42
Schedule 2—Consent 43
2............ Basic definition................................................................................. 43
3............ Users of account authorised to consent on behalf of relevant electronic account‑holder 43
4............ When consent may be inferred from publication of an electronic address 44
5............ Regulations about consent................................................................. 45
6............ When withdrawal of consent takes effect.......................................... 45
Schedule 3—Infringement notices 47
2............ Definitions........................................................................................ 47
3............ When an infringement notice can be given........................................ 47
4............ Matters to be included in an infringement notice............................... 48
5............ Amount of penalty............................................................................ 49
6............ Withdrawal of an infringement notice............................................... 50
7............ What happens if the penalty is paid................................................... 51
8............ Effect of this Schedule on civil proceedings...................................... 51
9............ Appointment of authorised person.................................................... 52
Endnotes 53
Endnote 1—About the endnotes 53
Endnote 2—Abbreviation key 55
Endnote 3—Legislation history 56
Endnote 4—Amendment history 58
This Act may be cited as the Spam Act 2003.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Provision(s)
Date/Details
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table
The day on which this Act receives the Royal Assent.
2. Sections 3 to 14
3. Parts 2 to 6
On the day after the end of the period of 120 days beginning on the day on which this Act receives the Royal Assent.
4. Section 41
6. Sections 43 to 46
8. Schedule 1
10. Schedule 3
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
The following is a simplified outline of this Act:
• This Act sets up a scheme for regulating commercial email and other types of commercial electronic messages.
• Unsolicited commercial electronic messages must not be sent.
• Commercial electronic messages must include information about the individual or organisation who authorised the sending of the message.
• Commercial electronic messages must contain a functional unsubscribe facility.
• Address‑harvesting software must not be supplied, acquired or used.
• An electronic address list produced using address‑harvesting software must not be supplied, acquired or used.
• The main remedies for breaches of this Act are civil penalties and injunctions.
Note: The Telecommunications Act 1997 contains additional provisions about commercial electronic messages. Those provisions include Part 6 (industry codes and standards), Part 26 (investigations), Part 27 (information‑gathering powers) and Part 28 (enforcement).
In this Act, unless the contrary intention appears:
account includes:
(a) a free account; and
(b) a pre‑paid account; and
(c) anything that may reasonably be regarded as the equivalent of an account.
ACMA means the Australian Communications and Media Authority.
acquire, when used in relation to goods or services, has the same meaning as in the Competition and Consumer Act 2010.
address‑harvesting software means software that is specifically designed or marketed for use for:
(a) searching the internet for electronic addresses; and
(b) collecting, compiling, capturing or otherwise harvesting those electronic addresses.
agency includes:
(a) an armed force; and
(b) a police force.
Australia, when used in a geographical sense, includes the external Territories.
Australian link has the meaning given by section 7.
authorise, when used in relation to the sending of an electronic message, has a meaning affected by section 8.
business includes a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis.
carriage service has the same meaning as in the Telecommunications Act 1997.
civil penalty provision means any of the following provisions:
(a) subsections 16(1), (6) and (9);
(b) subsections 17(1) and (5);
(c) subsections 18(1) and (6);
(d) subsections 20(1) and (5);
(e) subsections 21(1) and (3);
(f) subsections 22(1) and (3);
(g) a provision of the regulations that is declared to be a civil penalty provision in accordance with paragraph 45(2)(c).
commercial electronic message has the meaning given by section 6.
consent, when used in relation to the sending of an electronic message, has the meaning given by Schedule 2.
data processing device has the same meaning as in the Telecommunications Act 1997.
dealing with, when used in relation to a commercial electronic message, includes:
(a) accessing the message; and
(b) responding to the message; and
(c) filtering the message.
designated commercial electronic message has the meaning given by Schedule 1.
director includes a member of the governing body of an organisation.
educational institution includes:
(a) a pre‑school; and
(b) a school; and
(c) a college; and
(d) a university.
electronic message has the meaning given by section 5.
employee includes an individual who is in the service of an armed force, a police force or a religious organisation.
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
Federal Court means the Federal Court of Australia.
goods has the same meaning as in the Competition and Consumer Act 2010.
government body means:
(a) a department of the Commonwealth, a State or a Territory; or
(b) an agency, authority or instrumentality of the Commonwealth, a State or a Territory; or
(c) a department of the government of a foreign country; or
(d) an agency, authority or instrumentality of the government of a foreign country; or
(e) a department of the government of a part of a foreign country; or
(f) an agency, authority or instrumentality of the government of a part of a foreign country.
harvested‑address list means:
(a) a list of electronic addresses; or
(b) a collection of electronic addresses; or
(c) a compilation of electronic addresses;
where the production of the list, collection or compilation is, to any extent, directly or indirectly attributable to the use of address‑harvesting software.
international convention means:
(a) a convention to which Australia is a party; or
(b) an agreement between Australia and a foreign country.
internet carriage service means a listed carriage service that enables end‑users to access the internet.
investment means any mode of application of money or other property for the purpose of gaining a return (whether by way of income, capital gain or any other form of return).
listed carriage service has the same meaning as in the Telecommunications Act 1997.
logo includes a trade mark.
message means information:
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether in the form of speech, music or other sounds; or
(d) whether in the form of visual images (animated or otherwise); or
(e) whether in any other form; or
(f) whether in any combination of forms.
mistake means reasonable mistake of fact.
organisation includes:
(a) a body corporate; and
(b) a partnership; and
(c) a government body; and
(d) a court or tribunal; and
(e) an unincorporated body or association.
Express references in this Act to organisations do not imply that references in this Act to persons do not include bodies politic or corporate.
Note: Subsection 2C(1) of the Acts Interpretation Act 1901 provides that person includes a body politic or corporate as well as an individual.
person includes a partnership.
Note: For treatment of partnerships, see section 585 of the Telecommunications Act 1997.
publish includes:
(a) publish on the internet; and
(b) publish to the public or a section of the public.
registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act.
registered political party means a political party, or a branch or division of a political party, that is registered under:
(a) the Commonwealth Electoral Act 1918; or
(b) a law of a State or Territory that deals with electoral matters.
relevant electronic account‑holder, in relation to the sending of an electronic message to an electronic address, means:
(a) if the electronic address is an email address—the individual or organisation who is responsible for the relevant email account; or
(b) if the message is sent to an electronic address in connection with an instant messaging service—the individual or organisation who is responsible for the relevant instant messaging account; or
(c) if the electronic address is a telephone number—the individual or organisation who is responsible for the relevant telephone account; or
(d) in any other case—the individual or organisation who is responsible for the relevant account.
send includes attempt to send.
Note: See also section 9.
services has the same meaning as in the Competition and Consumer Act 2010.
software includes a combination of software and associated data.
standard telephone service has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.
supply:
(a) when used in relation to goods or services—has the same meaning as in the Competition and Consumer Act 2010; or
(b) when used in relation to land—includes transfer; or
(c) when used in relation to an interest in land—includes transfer or create.
use has a meaning affected by section 11.
voice call means:
(a) a voice call within the ordinary meaning of that expression; or
(b) a call that involves a recorded or synthetic voice; or
(c) if a call covered by paragraph (a) or (b) is not practical for a particular customer with a disability (for example, because the customer has a hearing impairment)—a call that is equivalent to a call covered by either of those paragraphs;
whether or not the customer responds by way of pressing buttons on a telephone handset or similar thing.
Basic definition
(1) For the purposes of this Act, an electronic message is a message sent:
(a) using:
(i) an internet carriage service; or
(ii) any other listed carriage service; and
(b) to an electronic address in connection with:
(i) an email account; or
(ii) an instant messaging account; or
(iii) a telephone account; or
(iv) a similar account.
Note: Email addresses and telephone numbers are examples of electronic addresses.
(2) For the purposes of subsection (1), it is immaterial whether the electronic address exists.
(3) For the purposes of subsection (1), it is immaterial whether the message reaches its intended destination.
(4) Subsection (1) has effect subject to subsection (5).
Excluded messages—voice calls
(5) If a message is sent by way of a voice call made using a standard telephone service, the message is not an electronic message for the purposes of this Act.
(1) For the purposes of this Act, a commercial electronic message is an electronic message, where, having regard to:
(a) the content of the message; and
(b) the way in which the message is presented; and
(c) the content that can be located using the links, telephone numbers or contact information (if any) set out in the message;
it would be concluded that the purpose, or one of the purposes, of the message is:
(d) to offer to supply goods or services; or
(e) to advertise or promote goods or services; or
(f) to advertise or promote a supplier, or prospective supplier, of goods or services; or
(g) to offer to supply land or an interest in land; or
(h) to advertise or promote land or an interest in land; or
(i) to advertise or promote a supplier, or prospective supplier, of land or an interest in land; or
(j) to offer to provide a business opportunity or investment opportunity; or
(k) to advertise or promote a business opportunity or investment opportunity; or
(l) to advertise or promote a provider, or prospective provider, of a business opportunity or investment opportunity; or
(m) to assist or enable a person, by a deception, to dishonestly obtain property belonging to another person; or
(n) to assist or enable a person, by a deception, to dishonestly obtain a financial advantage from another person; or
(o) to assist or enable a person to dishonestly obtain a gain from another person; or
(p) a purpose specified in the regulations.
(2) For the purposes of paragraphs (1)(d) to (l), it is immaterial whether the goods, services, land, interest or opportunity exists.
(3) For the purposes of paragraphs (1)(d) to (l), it is immaterial whether it is lawful to acquire the goods, services, land or interest or take up the opportunity.
(4) Any of the following:
(a) the supplier or prospective supplier mentioned in paragraph (1)(f) or (i);
(b) the provider or prospective provider mentioned in paragraph (1)(l);
(c) the person first mentioned in paragraph (1)(m), (n) or (o);
may be the individual or organisation who sent the message or authorised the sending of the message.
(5) Paragraphs (1)(d) to (p) are to be read independently of each other.
Excluded messages—regulations
(7) The regulations may provide that a specified kind of electronic message is not a commercial electronic message for the purposes of this Act.
(8) An expression used in paragraph (1)(m) of this section and in section 134.1 of the Criminal Code has the same meaning in that paragraph as it has in that section.
(9) An expression used in paragraph (1)(n) of this section and in section 134.2 of the Criminal Code has the same meaning in that paragraph as it has in that section.
(10) An expression used in paragraph (1)(o) of this section and in section 135.1 of the Criminal Code has the same meaning in that paragraph as it has in that section.
For the purposes of this Act, a commercial electronic message has an Australian link if, and only if:
(a) the message originates in Australia; or
(b) the individual or organisation who sent the message, or authorised the sending of the message, is:
(i) an individual who is physically present in Australia when the message is sent; or
(ii) an organisation whose central management and control is in Australia when the message is sent; or
(c) the computer, server or device that is used to access the message is located in Australia; or
(d) the relevant electronic account‑holder is:
(i) an individual who is physically present in Australia when the message is accessed; or
(ii) an organisation that carries on business or activities in Australia when the message is accessed; or
(e) if the message cannot be delivered because the relevant electronic address does not exist—assuming that the electronic address existed, it is reasonably likely that the message would have been accessed using a computer, server or device located in Australia.
Attribution of authorisation to organisation
(1) For the purposes of this Act (including subsection (2)), if:
(a) an individual authorises the sending of an electronic message; and
(b) the individual does so on behalf of an organisation;
(c) the organisation is taken to authorise the sending of the electronic message; and
(d) the individual is taken not to authorise the sending of the electronic message.
Self‑authorisation
(2) For the purposes of this Act, if:
(a) an electronic message is sent by an individual or organisation; and
(b) the sending of the message is not authorised by any other individual or organisation;
the first‑mentioned individual or organisation is taken to authorise the sending of the message.
(1) For the purposes of this Act, a person does not send an electronic message, or cause an electronic message to be sent, merely because the person supplies a carriage service that enables the message to be sent.
(2) Subsection (1) is enacted for the avoidance of doubt.
For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.
Unless the contrary intention appears, a reference in this Act to the use of a thing is a reference to the use of the thing either:
(a) in isolation; or
(b) in conjunction with one or more other things.
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
(3) The protection in subsection (2) does not apply to an authority of the Crown.
This Act extends to every external Territory.
14 Extra‑territorial application
Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.
15 Simplified outline
The following is a simplified outline of this Part:
16 Unsolicited commercial electronic messages must not be sent
(1) A person must not send, or cause to be sent, a commercial electronic message that:
(a) has an Australian link; and
(b) is not a designated commercial electronic message.
Note 1: For Australian link, see section 7.
Note 2: For designated commercial electronic message, see Schedule 1.
(2) Subsection (1) does not apply if the relevant electronic account‑holder consented to the sending of the message.
Note: For the meaning of consent, see Schedule 2.
(3) Subsection (1) does not apply if the person:
(a) did not know; and
(b) could not, with reasonable diligence, have ascertained;
that the message had an Australian link.
(4) Subsection (1) does not apply if the person sent the message, or caused the message to be sent, by mistake.
(5) A person who wishes to rely on subsection (2), (3) or (4) bears an evidential burden in relation to that matter.
Message must not be sent to a non‑existent electronic address
(6) A person must not send, or cause to be sent, a commercial electronic message to a non‑existent electronic address if:
(a) the person did not have reason to believe that the electronic address existed; and
(b) the electronic message:
(i) has an Australian link; and
(ii) is not a designated commercial electronic message.
(8) A person who wishes to rely on subsection (7) bears an evidential burden in relation to that matter.
Ancillary contraventions
(9) A person must not:
(a) aid, abet, counsel or procure a contravention of subsection (1) or (6); or
(b) induce, whether by threats or promises or otherwise, a contravention of subsection (1) or (6); or
(c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1) or (6); or
(d) conspire with others to effect a contravention of subsection (1) or (6).
(10) A person does not contravene subsection (9) merely because the person supplies a carriage service that enables an electronic message to be sent.
Civil penalty provisions
(11) Subsections (1), (6) and (9) are civil penalty provisions.
Note: Part 4 provides for pecuniary penalties for breaches of civil penalty provisions.
17 Commercial electronic messages must include accurate sender information
(1) A person must not send, or cause to be sent, a commercial electronic message that has an Australian link unless:
(a) the message clearly and accurately identifies the individual or organisation who authorised the sending of the message; and
(b) the message includes accurate information about how the recipient can readily contact that individual or organisation; and
(c) that information complies with the condition or conditions (if any) specified in the regulations; and
(d) that information is reasonably likely to be valid for at least 30 days after the message is sent.
Note: For Australian link, see section 7.
(4) A person who wishes to rely on subsection (2) or (3) bears an evidential burden in relation to that matter.
(a) aid, abet, counsel or procure a contravention of subsection (1); or
(b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or
(c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or
(d) conspire with others to effect a contravention of subsection (1).
(6) A person does not contravene subsection (5) merely because the person supplies a carriage service that enables an electronic message to be sent.
(7) Subsections (1) and (5) are civil penalty provisions.
18 Commercial electronic messages must contain a functional unsubscribe facility
(b) is not a designated commercial electronic message;
unless:
(c) the message includes:
(i) a statement to the effect that the recipient may use an electronic address set out in the message to send an unsubscribe message to the individual or organisation who authorised the sending of the first‑mentioned message; or
(ii) a statement to similar effect; and
(d) the statement is presented in a clear and conspicuous manner; and
(e) the electronic address is reasonably likely to be capable of receiving:
(i) the recipient's unsubscribe message (if any); and
(ii) a reasonable number of similar unsubscribe messages sent by other recipients (if any) of the same message;
at all times during a period of at least 30 days after the message is sent; and
(f) the electronic address is legitimately obtained; and
(g) the electronic address complies with the condition or conditions (if any) specified in the regulations.
Note 1: For unsubscribe message, see subsection (8).
(3) Subsection (1) does not apply to the extent (if any) to which it is inconsistent with the terms of a contract or other agreement between:
(a) the individual or organisation who authorised the sending of the first‑mentioned message; and
(b) the relevant electronic account‑holder.
Unsubscribe message
(9) For the purposes of the application of this section to a commercial electronic message, where the sending of the message is authorised by an individual or organisation, an unsubscribe message is:
(a) an electronic message to the effect that the relevant electronic account‑holder does not want to receive any further commercial electronic messages from or authorised by that individual or organisation; or
(b) an electronic message to similar effect.
Part 3—Rules about address‑harvesting software and harvested‑address lists
20 Address‑harvesting software and harvested‑address lists must not be supplied
(1) A person (the supplier) must not supply or offer to supply:
(a) address‑harvesting software; or
(b) a right to use address‑harvesting software; or
(c) a harvested‑address list; or
(d) a right to use a harvested‑address list;
to another person (the customer) if:
(e) the supplier is:
(i) an individual who is physically present in Australia at the time of the supply or offer; or
(ii) a body corporate or partnership that carries on business or activities in Australia at the time of the supply or offer; or
(f) the customer is:
(ii) a body corporate or partnership that carries on business or activities in Australia at the time of the supply or offer.
(2) Subsection (1) does not apply if the supplier had no reason to suspect that the customer, or another person, intended to use the address‑harvesting software or the harvested‑address list, as the case may be, in connection with sending commercial electronic messages in contravention of section 16.
(3) Subsection (1) does not apply if the supplier:
that the customer was:
(c) an individual who was physically present in Australia at the time of the supply or offer; or
(d) a body corporate or partnership that carried on business or activities in Australia at the time of the supply or offer.
21 Address‑harvesting software and harvested‑address lists must not be acquired
(1) A person must not acquire:
if the person is:
(e) an individual who is physically present in Australia at the time of the acquisition; or
(f) a body corporate or partnership that carries on business or activities in Australia at the time of the acquisition.
(2) Subsection (1) does not apply if the person did not intend to use the address‑harvesting software or the harvested‑address list, as the case may be, in connection with sending commercial electronic messages in contravention of section 16.
22 Address‑harvesting software and harvested‑address lists must not be used
(1) A person must not use:
(b) a harvested‑address list;
(c) an individual who is physically present in Australia at the time of the use; or
(d) a body corporate or partnership that carries on business or activities in Australia at the time of the use.
(2) Subsection (1) does not apply in relation to the use of address‑harvesting software or a harvested‑address list, if the use was not in connection with sending commercial electronic messages in contravention of section 16.
• Pecuniary penalties are payable for contraventions of civil penalty provisions.
• Proceedings for the recovery of penalties are to be instituted in the Federal Court.
• The Federal Court may make ancillary orders:
(a) directing the payment of compensation to a victim of a contravention of a civil penalty provision; and
(b) directing the payment to the Commonwealth of an amount up to the amount of any financial benefit that is attributable to a contravention of a civil penalty provision.
Note: Schedule 3 sets up a system of infringement notices relating to contraventions of civil penalty provisions.
24 Pecuniary penalties for contravention of civil penalty provisions
(1) If the Federal Court is satisfied that a person has contravened a civil penalty provision, the Court may order the person to pay to the Commonwealth such pecuniary penalty, in respect of each contravention, as the Court determines to be appropriate.
(2) In determining the pecuniary penalty, the Court must have regard to all relevant matters, including:
(a) the nature and extent of the contravention; and
(b) the nature and extent of any loss or damage suffered as a result of the contravention; and
(c) the circumstances in which the contravention took place; and
(d) whether the person has previously been found by the Court in proceedings under this Act to have engaged in any similar conduct; and
(e) if the Court considers that it is appropriate to do so—whether the person has previously been found by a court in a foreign country to have engaged in any similar conduct.
25 Maximum penalties for contravention of civil penalty provisions
(1) The maximum penalty payable under subsection 24(1) by a person in respect of a contravention of a civil penalty provision depends on:
(a) whether the person has a prior record in relation to the civil penalty provision (see subsection (2)); and
(b) whether the person is a body corporate; and
(c) whether the civil penalty provision is subsection 16(1), (6) or (9).
Prior record
(2) If:
(a) on a particular day (the first day), the Federal Court makes an order under subsection 24(1) against a person in respect of a contravention of a particular civil penalty provision; and
(b) that is the first occasion on which the Federal Court makes an order under subsection 24(1) against the person in respect of a contravention of the civil penalty provision;
then, for the purposes of determining the penalty payable under subsection 24(1) by the person in respect of a contravention of the civil penalty provision that occurs after the first day, the person has a prior record in relation to the civil penalty provision.
Maximum penalty payable by body corporate—no prior record
(3) If a body corporate does not have a prior record in relation to a particular civil penalty provision:
(a) the penalty payable under subsection 24(1) by the body corporate in respect of a contravention of the civil penalty provision must not exceed:
(i) if the civil penalty provision is subsection 16(1), (6) or (9)—100 penalty units; or
(ii) in any other case—50 penalty units; and
(b) if the Federal Court finds that the body corporate has, on a particular day, committed 2 or more contraventions of the civil penalty provision—the total of the penalties payable under subsection 24(1) by the body corporate in respect of those contraventions must not exceed:
(i) if the civil penalty provision is subsection 16(1), (6) or (9)—2,000 penalty units; or
(ii) in any other case—1,000 penalty units.
Maximum penalty payable by a person other than a body corporate—no prior record
(4) If a person other than a body corporate does not have a prior record in relation to a particular civil penalty provision:
(a) the penalty payable under subsection 24(1) by the person in respect of a contravention of the civil penalty provision must not exceed:
(i) if the civil penalty provision is subsection 16(1), (6) or (9)—20 penalty units; or
(b) if the Federal Court finds that the person has, on a particular day, committed 2 or more contraventions of the civil penalty provision—the total of the penalties payable under subsection 24(1) by the person in respect of those contraventions must not exceed:
(ii) in any other case—200 penalty units.
Maximum penalty payable by body corporate—prior record
(5) If a body corporate has a prior record in relation to a particular civil penalty provision:
(ii) in any other case—250 penalty units; and
(i) if the civil penalty provision is subsection 16(1), (6) or (9)—10,000 penalty units; or
Maximum penalty payable by a person other than a body corporate—prior record
(6) If a person other than a body corporate has a prior record in relation to a particular civil penalty provision:
26 Civil action for recovery of pecuniary penalties
(1) The ACMA may institute a proceeding in the Federal Court for the recovery on behalf of the Commonwealth of a pecuniary penalty referred to in section 24.
(2) A proceeding under subsection (1) may be commenced within 6 years after the contravention.
(3) The Federal Court may direct that 2 or more proceedings under subsection (1) are to be heard together.
27 Criminal proceedings not to be brought for contravention of civil penalty provisions
Criminal proceedings do not lie against a person only because the person has contravened a civil penalty provision.
28 Ancillary orders—compensation
(a) in one or more proceedings under section 26, the Federal Court finds that a person (the perpetrator) has contravened one or more civil penalty provisions; and
(b) the Court is satisfied that another person (the victim) has suffered loss or damage as a result of any or all of those contraventions;
the Court may, on the application of the ACMA or the victim, make an order that the Court considers appropriate directing the perpetrator to compensate the victim.
(2) In determining whether a person (the victim) has suffered loss or damage as a result of one or more contraventions by another person of section 16 in relation to the sending of one or more commercial electronic messages, and in assessing the amount of compensation payable, the Court may have regard to the following:
(a) the extent to which any expenses incurred by the victim are attributable to dealing with the messages;
(b) the effect of dealing with the messages on the victim's ability to carry on business or other activities;
(c) any damage to the reputation of the victim's business that is attributable to dealing with the messages;
(d) any loss of business opportunities suffered by the victim as a result of dealing with the messages;
(e) any other matters that the Court considers relevant.
(3) The Federal Court may make an order under subsection (1), whether or not it makes an order under section 24.
(4) An application under subsection (1) may be made at any time within 6 years after the contravention concerned.
29 Ancillary orders—recovery of financial benefit
(a) in one or more proceedings under section 26, the Federal Court finds that a person has contravened one or more civil penalty provisions; and
(b) the Court is satisfied that the person has obtained (whether directly or indirectly) a financial benefit that is reasonably attributable to any or all of those contraventions;
the Court may, on the application of the ACMA, make an order directing the person to pay to the Commonwealth an amount up to the amount of the financial benefit.
30 Schedule 3 (infringement notices)
Schedule 3 has effect.
• The Federal Court may grant injunctions in relation to contraventions of civil penalty provisions.
32 Injunctions
Restraining injunctions
(1) If a person has engaged, is engaging or is proposing to engage, in any conduct in contravention of a civil penalty provision, the Federal Court may, on the application of the ACMA, grant an injunction:
(a) restraining the person from engaging in the conduct; and
(b) if, in the Court's opinion, it is desirable to do so—requiring the person to do something.
Performance injunctions
(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and
(b) the refusal or failure was, is or would be a contravention of a civil penalty provision;
the Federal Court may, on the application of the ACMA, grant an injunction requiring the person to do that act or thing.
33 Interim injunctions
Grant of interim injunction
(1) If an application is made to the Federal Court for an injunction under section 32, the Court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that section.
No undertakings as to damages
(2) The Federal Court is not to require an applicant for an injunction under section 32, as a condition of granting an interim injunction, to give any undertakings as to damages.
34 Discharge etc. of injunctions
The Federal Court may discharge or vary an injunction granted under this Part.
35 Certain limits on granting injunctions not to apply
(1) The power of the Federal Court under this Part to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:
(a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or
(b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.
(2) The power of the Federal Court to grant an injunction requiring a person to do an act or thing may be exercised:
(a) if the Court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or
(b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.
36 Other powers of the Federal Court unaffected
The powers conferred on the Federal Court under this Part are in addition to, and not instead of, any other powers of the Court, whether conferred by this Act or otherwise.
• A person may give the ACMA an enforceable undertaking in connection with a matter relating to:
(a) commercial electronic messages; or
(b) address‑harvesting software.
38 Acceptance of undertakings
(1) The ACMA may accept a written undertaking given by a person for the purposes of this section in connection with a matter relating to:
(2) The person may withdraw or vary the undertaking at any time, but only with the consent of the ACMA.
39 Enforcement of undertakings
(1) If the ACMA considers that a person who gave an undertaking under section 38 has breached any of its terms, the ACMA may apply to the Federal Court for an order under subsection (2).
(2) If the Federal Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all of the following orders:
(a) an order directing the person to comply with that term of the undertaking;
(b) an order directing the person to pay to the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;
(c) any order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;
(d) any other order that the Court considers appropriate.
40 Assessment of compensation for breach of undertaking
(1) This section applies if, in a proceeding under section 39, the Federal Court finds that a person has breached a term of an undertaking relating to the sending of commercial electronic messages.
(2) In determining whether another person (the victim) has suffered loss or damage as a result of the breach, and in assessing the amount of compensation payable, the Court may have regard to the following:
41 Formal warnings—breach of civil penalty provision
The ACMA may issue a formal warning if a person contravenes a civil penalty provision.
42 Additional ACMA functions
The ACMA has the following functions:
(a) to conduct and/or co‑ordinate community education programs about either or both of the following:
(i) unsolicited commercial electronic messages;
(ii) address‑harvesting software;
in consultation with relevant industry and consumer groups and government agencies;
(b) to conduct and/or commission research into issues relating to either or both of the following:
(c) to liaise with regulatory and other relevant bodies overseas about co‑operative arrangements for the prohibition or regulation of either or both of the following:
(ii) address‑harvesting software.
43 Operation of State and Territory laws
This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act.
44 Implied freedom of political communication
This Act does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.
45 Giving effect to international conventions
(1) The regulations may make provision for and in relation to giving effect to an international convention that deals with either or both of the following:
(a) commercial electronic messages;
(2) Regulations made for the purposes of subsection (1) may:
(a) vest the Federal Court with jurisdiction in a matter or matters arising under the regulations; and
(b) prescribe penalties, not exceeding a fine of 50 penalty units, for offences against the regulations; and
(c) declare that a specified provision of the regulations is a civil penalty provision for the purposes of this Act.
47 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted to be prescribed by this Act; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Note: See section 4.
1 Object
The object of this Schedule is to define the expression designated commercial electronic message.
Note 1: Designated commercial electronic messages must comply with section 17 (commercial electronic messages must include information about the individual or organisation who authorised the sending of the message).
Note 2: Designated commercial electronic messages are exempt from section 16 (unsolicited commercial electronic messages must not be sent) and section 18 (commercial electronic messages must contain a functional unsubscribe facility).
2 Factual information
(1) For the purposes of this Act, an electronic message is a designated commercial electronic message if:
(a) the message consists of no more than factual information (with or without directly‑related comment) and any or all of the following additional information:
(i) the name, logo and contact details of the individual or organisation who authorised the sending of the message;
(ii) the name and contact details of the author;
(iii) if the author is an employee—the name, logo and contact details of the author's employer;
(iv) if the author is a partner in a partnership—the name, logo and contact details of the partnership;
(v) if the author is a director or officer of an organisation—the name, logo and contact details of the organisation;
(vi) if the message is sponsored—the name, logo and contact details of the sponsor;
(vii) information required to be included by section 17;
(viii) information that would have been required to be included by section 18 if that section had applied to the message; and
(b) assuming that none of that additional information had been included in the message, the message would not have been a commercial electronic message; and
(c) the message complies with such other condition or conditions (if any) as are specified in the regulations.
3 Government bodies, political parties and charities
For the purposes of this Act, an electronic message is a designated commercial electronic message if:
(a) the sending of the message is authorised by any of the following bodies:
(i) a government body;
(ii) a registered political party;
(iii) a registered charity; and
(b) the message relates to goods or services; and
(c) the body is the supplier, or prospective supplier, of the goods or services concerned.
4 Educational institutions
(a) the sending of the message is authorised by an educational institution; and
(b) either or both of the following subparagraphs applies:
(i) the relevant electronic account‑holder is, or has been, enrolled as a student in that institution;
(ii) a member or former member of the household of the relevant electronic account‑holder is, or has been, enrolled as a student in that institution; and
(c) the message relates to goods or services; and
(d) the institution is the supplier, or prospective supplier, of the goods or services concerned.
5 Regulations
The regulations may provide that a specified kind of electronic message is a designated commercial electronic message for the purposes of this Act.
The object of this Schedule is to define the expression consent, when used in relation to the sending of an electronic message.
Note: The concept of consent is relevant to section 16 (unsolicited commercial electronic messages must not be sent). Subsection 16(2) provides that a contravention of subsection 16(1) does not happen if the relevant electronic account‑holder consented to the sending of the message.
2 Basic definition
For the purposes of this Act, consent means:
(a) express consent; or
(b) consent that can reasonably be inferred from:
(i) the conduct; and
(ii) the business and other relationships;
of the individual or organisation concerned.
3 Users of account authorised to consent on behalf of relevant electronic account‑holder
(1) For the purposes of this Act, if a person other than the relevant electronic account‑holder uses the relevant account to send an electronic message about:
(b) withdrawal of consent; or
(c) refusal of consent;
that person is taken to have been authorised to send that message on behalf of the relevant electronic account‑holder.
(2) Subclause (1) does not, by implication, limit the circumstances in which a person other than the relevant electronic account‑holder may:
(b) withdraw consent; or
(c) refuse consent;
on behalf of the relevant electronic account‑holder.
4 When consent may be inferred from publication of an electronic address
(1) For the purposes of this Act, the consent of the relevant electronic account‑holder may not be inferred from the mere fact that the relevant electronic address has been published.
Exception—conspicuous publication
(2) However, if:
(a) a particular electronic address enables the public, or a section of the public, to send electronic messages to:
(i) a particular employee; or
(ii) a particular director or officer of an organisation; or
(iii) a particular partner in a partnership; or
(iv) a particular holder of a statutory or other office; or
(v) a particular self‑employed individual; or
(vi) an individual from time to time holding, occupying or performing the duties of, a particular office or position within the operations of an organisation; or
(vii) an individual, or a group of individuals, from time to time performing a particular function, or fulfilling a particular role, within the operations of an organisation; and
(b) the electronic address has been conspicuously published; and
(c) it would be reasonable to assume that the publication occurred with the agreement of:
(i) if subparagraph (a)(i), (ii), (iii), (iv) or (v) applies—the employee, director, officer, partner, office‑holder or self‑employed individual concerned; or
(ii) if subparagraph (a)(vi) or (vii) applies—the organisation concerned; and
(d) the publication is not accompanied by:
(i) a statement to the effect that the relevant electronic account‑holder does not want to receive unsolicited commercial electronic messages at that electronic address; or
(ii) a statement to similar effect;
the relevant electronic account‑holder is taken, for the purposes of this Act, to have consented to the sending of commercial electronic messages to that address, so long as the messages are relevant to:
(e) if subparagraph (a)(i), (ii), (iii), (iv) or (v) applies—the work‑related business, functions or duties of the employee, director, officer, partner, office‑holder or self‑employed individual concerned; or
(f) if subparagraph (a)(vi) applies—the office or position concerned; or
(g) if subparagraph (a)(vii) applies—the function or role concerned.
5 Regulations about consent
(1) The regulations may provide that, for the purposes of this Act, the consent of a relevant electronic account‑holder may not be inferred in the circumstances specified in the regulations.
(2) The regulations may provide that, for the purposes of this Act, the consent of a relevant electronic account‑holder may be inferred in the circumstances specified in the regulations.
6 When withdrawal of consent takes effect
(a) one or more electronic messages have been sent to the relevant electronic account‑holder's electronic address; and
(b) the relevant electronic account‑holder has consented to the sending of those commercial electronic messages to that electronic address; and
(c) an individual or organisation authorised the sending of those commercial electronic messages to that electronic address; and
(d) the relevant electronic account‑holder, or a user of the relevant account, sends the individual or organisation:
(i) a message to the effect that the account‑holder does not want to receive any further commercial electronic messages at that electronic address from or authorised by that individual or organisation; or
(ii) a message to similar effect;
the withdrawal of consent takes effect at the end of the period of 5 business days beginning on:
(e) if the message referred to in paragraph (d) is an electronic message—the day on which the message was sent; or
(f) if the message referred to in paragraph (d) was sent by post—the day on which service of the message was effected (see section 29 of the Acts Interpretation Act 1901); or
(g) in any other case—the day on which the message was delivered.
(2) For the purposes of subclause (1), a business day is a day that is not a Saturday, a Sunday or a public holiday in:
(a) if the message referred to in paragraph (1)(d) is an electronic message—the place to which the message was sent; or
(b) if the message referred to in paragraph (1)(d) was sent by post—the place to which the message was sent; or
(c) in any other case—the place where the message was delivered.
Note: See section 30.
The object of this Schedule is to set up a system of infringement notices for contraventions of civil penalty provisions as an alternative to the institution of proceedings in the Federal Court.
In this Schedule:
authorised person means:
(a) the Chair of the ACMA; or
(b) a member of the staff of the ACMA appointed under clause 9.
civil contravention means a contravention of a civil penalty provision.
infringement notice means an infringement notice under clause 3.
3 When an infringement notice can be given
(1) If an authorised person has reasonable grounds to believe that a person has, on a particular day, committed one or more contraventions of a particular civil penalty provision, the authorised person may give to the person an infringement notice relating to those contraventions.
(2) An infringement notice must be given within 12 months after the day on which the civil contraventions are alleged to have taken place.
(3) This clause does not authorise the giving of 2 or more infringement notices to a person in relation to contraventions of a particular civil penalty provision that allegedly occurred on the same day.
4 Matters to be included in an infringement notice
(1) An infringement notice must:
(a) set out the name of the person to whom the notice is given; and
(b) set out the name of the authorised person who gave the notice; and
(c) either:
(i) set out brief details of each of the alleged civil contraventions; or
(ii) be accompanied by one or more data processing devices that contain, in electronic form, brief details of each of the alleged civil contraventions; and
(d) contain a statement to the effect that the matter or matters will not be dealt with by the Federal Court if the penalty specified in the notice is paid to the ACMA, on behalf of the Commonwealth, within:
(i) 28 days after the notice is given; or
(ii) if the ACMA allows a longer period—that longer period; and
(e) give an explanation of how payment of the penalty is to be made; and
(f) set out such other matters (if any) as are specified by the regulations.
Note: For the amount of penalty, see clause 5.
(2) For the purposes of paragraph (1)(c), the brief details must include the following information in relation to each alleged civil contravention:
(a) the date of the alleged contravention;
(b) the civil penalty provision that was allegedly contravened.
(3) Subparagraph (1)(c)(ii) does not authorise the inclusion of information in a data processing device unless, at the time the infringement notice was given, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference.
(4) This clause does not limit the operation of the Electronic Transactions Act 1999.
5 Amount of penalty
Infringement notice given to a body corporate
(1) The penalty to be specified in an infringement notice given to a body corporate must be a pecuniary penalty equal to the number of penalty units worked out using the table:
Number of penalty units
In this case...
the number of penalty units is...
the notice relates to a single alleged contravention of subsection 16(1), (6) or (9)
the notice relates to more than 1, but fewer than 50, alleged contraventions of subsection 16(1), (6) or (9)
the number obtained by multiplying 20 by the number of alleged contraventions
the notice relates to 50 or more alleged contraventions of subsection 16(1), (6) or (9)
the notice relates to a single alleged contravention of a civil penalty provision other than subsection 16(1), (6) or (9)
the notice relates to more than 1, but fewer than 50, alleged contraventions of a civil penalty provision other than subsection 16(1), (6) or (9)
the notice relates to 50 or more alleged contraventions of a civil penalty provision other than subsection 16(1), (6) or (9)
Infringement notice given to a person other than a body corporate
(2) The penalty to be specified in an infringement notice given to a person other than a body corporate must be a pecuniary penalty equal to the number of penalty units worked out using the table:
the number obtained by multiplying 4 by the number of alleged contraventions
6 Withdrawal of an infringement notice
(1) This clause applies if an infringement notice is given to a person.
(2) An authorised person may, by written notice (the withdrawal notice) given to the person, withdraw the infringement notice.
(3) To be effective, the withdrawal notice must be given to the person within 28 days after the infringement notice was given.
Refund of penalty if infringement notice withdrawn
(a) the penalty specified in the infringement notice is paid; and
(b) the infringement notice is withdrawn after the penalty is paid;
the Commonwealth is liable to refund the penalty.
7 What happens if the penalty is paid
(1) This clause applies if:
(a) an infringement notice relating to one or more alleged civil contraventions is given to a person; and
(b) the penalty is paid in accordance with the infringement notice; and
(c) the infringement notice is not withdrawn.
(2) Any liability of the person for the alleged civil contraventions is discharged.
(3) Proceedings under Part 4 may not be brought against the person for the alleged civil contraventions.
8 Effect of this Schedule on civil proceedings
This Schedule does not:
(a) require an infringement notice to be given in relation to an alleged civil contravention; or
(b) affect the liability of a person to have proceedings under Part 4 brought against the person for an alleged civil contravention if:
(i) the person does not comply with an infringement notice relating to the contravention; or
(ii) an infringement notice relating to the contravention is not given to the person; or
(iii) an infringement notice relating to the contravention is given to the person and subsequently withdrawn; or
(c) limit the Federal Court's discretion to determine the amount of a penalty to be imposed on a person who is found in proceedings under Part 4 to have committed a civil contravention.
9 Appointment of authorised person
The ACMA may, by writing, appoint a member of the staff of the ACMA as an authorised person for the purposes of this Schedule.
The regulations may make further provision in relation to infringement notices.
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted
o = order(s)
am = amended
Ord = Ordinance
amdt = amendment
orig = original
c = clause(s)
par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x
/sub‑subparagraph(s)
Ch = Chapter(s)
pres = present
def = definition(s)
prev = previous
Dict = Dictionary
(prev…) = previously
disallowed = disallowed by Parliament
Pt = Part(s)
Div = Division(s)
r = regulation(s)/rule(s)
ed = editorial change
reloc = relocated
exp = expires/expired or ceases/ceased to have
renum = renumbered
rep = repealed
F = Federal Register of Legislation
rs = repealed and substituted
gaz = gazette
s = section(s)/subsection(s)
LA = Legislation Act 2003
Sch = Schedule(s)
LIA = Legislative Instruments Act 2003
Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given
SLI = Select Legislative Instrument
SR = Statutory Rules
(md not incorp) = misdescribed amendment
Sub‑Ch = Sub‑Chapter(s)
cannot be given effect
SubPt = Subpart(s)
mod = modified/modification
underlining = whole or part not
No. = Number(s)
commenced or to be commenced
Number and year
Application, saving and transitional provisions
s 15–41, 43–46, Sch 1 and 3: 10 Apr 2004 (s 2(1) items 3, 4, 6, 8, 10)
Remainder: 12 Dec 2003 (s 2(1) items 1, 2, 5, 7, 9)
Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005
Sch 1 (items 121–123), Sch 2 and Sch 4: 1 July 2005 (s 2(1) items 2, 3, 10)
Sch 4
Statute Law Revision Act 2010
Sch 5 (item 137(a), (c)): 1 Mar 2010 (s 2(1) item 38)
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010
Sch 6 (items 1, 100–103): 1 Jan 2011 (s 2(1) items 3, 5)
Acts Interpretation Amendment Act 2011
Sch 2 (item 1059) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 7, 12)
Sch 3 (items 10, 11)
Australian Charities and Not‑for‑profits Commission (Consequential and Transitional) Act 2012
Sch 2 (items 208–210): 3 Dec 2012 (s 2(1) item 7)
Statute Law Revision Act (No. 1) 2014
Sch 4 (items 50–53) and Sch 8 (item 39): 24 June 2014 (s 2(1) item 9)
Sch 6 (item 6): 10 Mar 2016 (s 2(1) item 6)
Provision affected
How affected
s 3........................................
am No 31, 2014
am No 45, 2005; No 8, 2010; No 103, 2010; No 46, 2011; No 169, 2012; No 31, 2014
s 5 .......................................
am No 8, 2010; No 31, 2014
s 26......................................
rep No 4, 2016
c 3........................................
am No 169, 2012
c 2 .......................................


I have been creating and actively running small business enterprises for over thirty years.
When asked to play a role in support of the Sensing Friends Project I accepted.
I believe this group of people have a desire, a compassion and the responsibility to bring a positive difference to lives of young people in our community.


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text:
Press Release Regarding the Visit of H.E. Mr. Mevlüt Çavuşoğlu, Minister of Foreign Affairs of the Republic of Türkiye to Palestine and Israel
No: 170, 23 May 2022, Press Release Regarding the Visit of H.E. Mr. Mevlüt...
No: 170, 23 May 2022, Press Release Regarding the Visit of H.E. Mr. Mevlüt Çavuşoğlu, Minister of Foreign Affairs of the Republic of Türkiye to Palestine and Israel
H.E. Mr. Mevlüt Çavuşoğlu, Minister of Foreign Affairs of the Republic of Türkiye will pay a visit to Palestine on 24 May 2022 to co-chair the Second Meeting of the Joint Committee, which was established in 2010 under the chairmanship of the Ministers of Foreign Affairs of Türkiye and Palestine.
During the visit, H.E. Minister Çavuşoğlu will hold bilateral meetings with H.E. Mr. Riad Malki, the Minister of Foreign Affairs and Expatriates of Palestine, and will also meet with H.E. Mr. Mahmoud Abbas, the President of the State of Palestine.
H.E. Minister Çavuşoğlu will visit Israel on 25 May 2022 and will hold bilateral and inter-delegation meetings with H.E. Mr. Yair Lapid, Israeli Foreign Minister and Alternate Prime Minister. During the meetings, views on our bilateral relations with Israel as well as on regional and international issues will be exchanged.
kaynak:https://www.mfa.gov.tr/no_-170_-sayin-bakanimizin-filistin-i-ve-israil-i-ziyaretleri-hk.en.mfa
Press Release Regarding the Visit of H.E. Mr. Mevlüt Çavuşoğlu, Minister of Foreign Affairs of the Republic of Türkiye to Palestine and Israel https://t.co/uE6uYmu2L4 pic.twitter.com/EIII8ubMIW
— Turkish MFA (@MFATurkiye) May 23, 2022

redpajama_set_name: RedPajamaCommonCrawl


Its a cloudy day here and I am catching up on some home owner chores. I decided to make a triptych with three shots I made of one the surfers after the storm on Tuesday. These images were made with a 300mm 2.8 lens mounted on the Nikon D2X, so effectively a 450mm at 2.8, I was getting shutter speeds at 1/1500 sec and up depending on the light with 9 frames per second. I knew I wanted to stop the action of the waves and the surfers so I needed a real fast shutter speed.
The triptych form arises from early Christian art, and was a popular standard format for altar paintings from the Middle Ages onwards. Its geographical range was from the eastern Byzantine churches to the English Celtic churches in the west. Renaissance painters and sculptors such as Hans Memling and Hieronymus Bosch used the form.
From the Gothic period onward, both in Europe and elsewhere, altarpieces in churches and cathedrals were often in triptych form. One such cathedral with an altarpiece triptych is Llandaff Cathedral. The Cathedral of Our Lady in Antwerp, Belgium, contains two examples by Rubens, and Notre Dame de Paris is another example of the use of triptych in architecture. One can also see the form echoed by the structure of many ecclesiastical stained glass windows. Although most famous as a altarpiece form, triptychs outside that context have been created, most prominently by Hieronymus Bosch, Max Beckmann, and Francis Bacon.


Helenton Mote is a medieval earthwork motte, with an irregular square-topped summit. Sited on the edge of an escarpment overlooking the Pow Burn, a small oval knoll, forms the basis of the circular motte. To the west and south, the mound and any possible ditch have been slightly truncated by the road and house. There is no trace of a motte ditch to the north and east either, only an old mill pond which is now low boggy ground. In the mid 19th century, it was recorded that the summit of the motte, which is now covered by trees and vegetation was crowned by a ruin. A mile north-east is Craigie Castle and 2 miles south-east is Barnweill Castle.
Helenton Mote is located east of Symington, off the A77. 5 miles south-west of Kilmarnock, on the A77.


NOV 2015 SWEET CO-CONSTRUCTION /// Chocolatissimo, the festival showcasing Neuchâtel's rich chocolate heritage, asked us to design a participative project for them. Our love of pixels led to the creation of "Pixel Choc": 100% chocolate participative artworks, in which well-known images are brought to life with different shades of chocolate, one pixel at a time. At the end of the exhibition the works are deconstructed and... gobbled up! Success (and a few fillings) for this project which attracted crowds and gave media visibility to the festival.


"My experience with ARAC was fantastic. They made it easy,..."
"I met with Mike and Craig and they were both prompt and on..."
"Vasilii and Scott did a great job."
This home received wind damage. The Roof It Forward Restoration Consultant Tylin Lilly met with the insurance provider and was able to receive a complete roofing system replacement. Roof It Forward upgraded the homeowner to a Owens Corning Duration shingle. This shingle carries a 130 mph wind rating. No more shingle blows off ever again! Call today for your FREE estimate!
This home received a new roofing system by ARAC Roof It Forward. A complete strip down to the decking is always performed. Deck is inspected and replaced where needed. New under-layment, vents and drip edge are applied. The shingle is the 130 mph rated dimensional Owens Corning Duration. The color of this shingle is the Sierra Gray.
Roof It Forward was contracted to repair wind damage on this Noblesville Indiana estate home. Roof It Forward recommended an insurance claim be called in for wind and hail damage. After meeting with the insurance provider it was agreed total roofing replacement was warranted. The entire roofing system was replaced and funded by the insurance provider.
I have two damaged sections of gutter that need to be replaced and 1 downspout that needs to be reconnected.
I would like my roof inspected for storm damage, as you've replaced a few roofs in my neighborhood due to storm damage.
One story 30 year old manufactured home with two layers of shingles. Need to replace roof/gutters. Already determined it is not an insurance claim. Water stains on kitchen ceiling began in major rain storm in September. Roofer I thought I had lined up is unavailable 6 weeks later. Seeking competitive bids and completed project ASAP. Thank you.
I met with Mike and Craig and they were both prompt and on time as well as very helpful and honest in regards to what they found on the exterior of my home. I would recommend them to anyone that is interested in a new roof, gutters, or siding!
ARAC Roof It Forward is your local & experienced contractor offering roof repair and replacement. We can help you improve and fix your roof, which we know is a big deal and you want someone you can trust to do good work.
At times a small leak here or torn shingle there might not seem like a big deal and often times it isn't. But many times a small issue can turn into a larger problem down the road and could even lead to putting down buckets to catch dripping water.
Getting a roof inspection and fixing repairs before they turn into a larger problem is ideal and ARAC Roof It Forward can help with that. We also offering siding and other services, depending on what your home's specific needs are.
The roof is one of the most important parts of your home because it keeps you and your family protected from the elements. Your roof is always above your head and it is always taking a beating from rain, wind or anything in between. To make sure that your roof is functioning as best as possible frequent repairs may be necessary. If a storm has recently passed by, you notice shingles in your lawn, or have seen moisture in your attic don't hesitate to give us a call!
All roofs have a certain life span depending on the climate and the amount of sever weather it is exposed to. After a certain amount of wear and tear, a roof replacement is inevitable. We understand that a roof replacement may seem stressful but rest assured that we will help you along every step of the way!
If you are interesting in learning more about roof repair cost, contact us today!
If your home has faded and worn siding and you want your Noblesville home to look fresh and new then contact ARAC Roof It Forward today for your siding installation and replacement needs. We can install vinyl siding on your home so you can have vibrant colors that will last decades that are easy to clean and can take a beating from the elements. We also install rigid foam insulation under the siding which will add to your Noblesville home's comfort while saving on energy bills.
Contact ARAC Roof It Forward today, your trusted Noblesville, IN roofing & siding contractor!
Roof It Forward presenting check to Peyton Manning Children's Hospital 2018.
Roof It Forward presenting check to Peyton Manning Children's Hospital 2017.
Multiple neighbors have gotten new roofs due to hail damage. We moved into this house back in January and are wondering if our roof has the same damage.
A sales person stopped by our house recently and we know you've done some work in our neighborhood due to hail damage. We want to make sure we don't have any hail damage and, if we do, look into getting it fixed.
We have wind damage and need to have it repaired before the sale of the house.
Historic home with aluminum siding that needs removed and want cement fiber siding installed if the condition of the siding behind aluminum is not able to be salvaged.
I would like the area around my chimney looked at. It has been leaking off and on (mostly when it is heavy rain and windy). I have tried various diy waterproofing and other things, but have come to the conclusion either the flashing or the roof around the chimney probably needs work.
Would like to receive an estimate of roof replacement.
I am looking for siding replacement.
I have a small section of siding/fascia that was ripped from the side of my house that needs repaired.
I would like to get an inspection done on my roof and a quote for a replacement. My roof is the original from the building of our home back in 1998 and needs to be replaced before we have any issues.


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Christian Love is Not Ice-Cream Love
Part 1-This is Part 1 of a three-part series on 1 Corinthians 13.
1 Corinthians 13 contains the defining verses when it comes to Christian love. It makes the point that love is a verb, not just an emotion or a feeling. The world talks about "falling in love" and "falling out of love." Love you can fall into or out of is not Christian love. It's what I call ice-cream love. People claim to "love" ice cream, but they really don't. Rather, they love what ice cream does for them: the way it looks, tastes, and makes them feel. They love the way it satisfies their urge for something sweet, creamy, and cold. But the minute they've had enough ice cream, at least for the moment, they no longer love it. This is what the world calls "falling out of love."
What the world calls love is better referred to as infatuation. Infatuation is a feeling of intense interest that is often temporary. This is why there are so many couples who once promised to love and cherish each other until "death do we part" who are now divorced yet very much alive. They were temporarily infatuated with each other, but they were not in love. Christian love as described in 1 Corinthians 13 is not something you fall into or fall out of. It is something you do. The kind of love God expects of us is a verb. Further, Christian love is about "you" not "me." When you love someone, your chief concern is for their best interests not what they can do for you or how they make you feel.
Love is demonstrated by doing certain things that are prescribed in Scripture and not doing other things that are proscribed. 1 Corinthians 13:4-6 explains as follows what love is and is not as well as what it does and does not do:
Love is patient
Love is kind
Love is not envious
Love is not boastful
Love is not arrogant
Love is not rude
Love does not insist on getting its own way
Love is not irritable
Love is not resentful
Love does not enjoy indulging in wrong doing
Love is truthful
In Part 1, I speak to the first four characteristics of love on this list (patient, kind, not envious, and not boastful). Like most things that please God, showing Christian love requires us to put others ahead of ourselves; never an easy thing to do for fallen people in a fallen world. But, on the other hand, anyone who consistently demonstrates these various characteristics of Christian love is well on the way to living a life of significance. Personifying these characteristics of Christian love will, no doubt, please the recipients of your love, but more importantly it will please God. Let's look at the first four of these characteristics and how to apply them in our daily lives.
Patience is a willingness to endure the exigencies of life without fretting, fuming, or becoming angry, and without thinking ill of others whose actions or behavior inconvenience you. Patience is not about biting your tongue while doing a slow burn over circumstances or situations that bother you. Further, patience is not something one has or does not have. Patience is a choice. It is like will power. We all have it, but some of us choose to apply it and some of us don't. Patience is also a Scriptural imperative. It is mentioned many times throughout Scripture. For example, Ephesians 4:2 admonishes us to show our love for others by being patient. Proverbs 15:18 tells us that patience calms anger and brings peace.
In the interest of full disclosure, I must make an embarrassing admission. Patience comes hard for me—I really have to work at it. In fact, I often tell counseling clients that asking me for advice about patience is like asking Hagar the Horrible for advice about table manners. When standing in line, my tendency is to fidget. When the red light turns green, I am apt to fume if the driver in front of me is slow to respond. When people who are talking to me beat around the bush rather than getting to the point, I have to bite my tongue to keep from completing their sentences. What all of this says about me is not good.
If there is anything positive in all of this it's that I recognize my tendency to be impatient and am intentional in trying to overcome it. When it comes to impatience, I am like the alcoholic who is never cured but must deal with his addiction one day at a time. If my impatience sounds familiar to you, don't despair. You can learn to be patient if you are willing to heed the guidance God provides in Scripture. I know this to be true because if I—the poster boy for impatience—can learn a better way, you can too. There are several reasons why we should learn to be patient with others.
The first reason is that patience is a Scriptural imperative. In Ephesians 4:1, the Apostle Paul admonishes the members of the church at Ephesus to be patient. In Colossians 3:12, Paul told the church at Colossae that patience was a virtue. In 1 Corinthians 13, patience is the first characteristic of Christian love listed. The second reason is that patience requires us to acknowledge that God is in charge and we are not. If God is in charge—and He is—then the little inconveniences in life are part of his plan. Therefore, to be impatient with people or circumstances is to be impatient with God; never a good idea.
Impatience means wanting others to do things your way or on your schedule so as to avoid causing you inconvenience. Impatience is all about self. When we are impatient, we put ourselves ahead of others and expect the rest of the world to cater to our wants, needs, and demands. In other words, we set ourselves up as little gods. This, of course, is just the opposite of what the one true and living God expects. If we truly love our neighbors as commanded by God, we put them ahead of ourselves. Being impatient with others is just the opposite of putting them ahead of self.
The third reason is that impatience militates against humility, another Scriptural imperative (Colossians 3:12 and Ephesians 4:1-3). While humility requires that we put others ahead of self, impatience is about putting self ahead of others. Impatience grows out of self-centeredness. Humility grows out of a desire to please God by adopting an outward focus. Finally, impatience is evidence of an unhealthy fixation on the here and now. As Christians our ultimate focus should be on the hereafter. Knowing what we can look forward to in the hereafter should make us more patience with the exigencies of life in the here and now. This phenomenon is like reading a mystery novel a second time. Why get all worked up about the various plot twists when you already know the outcome?
Have you ever been the recipient of an act of kindness? If you have, how did it make you feel toward the person who was kind to you? I was once standing in line at the grocery store behind an elderly man who was grumbling about the "kid" ahead of him in line. The young man was covered in tattoos, had pierced lips, eyebrows, and ear lobes, and was scruffily dressed. The age and cultural gap between the elderly man and the "kid" was vast. I know the young man could hear what the older man was saying about him and it wasn't complimentary.
The elderly man was driving one of those scooters grocery stores now provide for people who have trouble walking. The basket on his scooter was full to overflowing with groceries and he had another shopping cart full being pushed by an attendant. Once the older man was checked out, the attendant informed the clerk she needed to leave the bagged groceries inside while she helped the elderly man to his car. Then she would come back to get the groceries. The store was crowded and the clerk did not appear pleased about having to keep her eye on a full shopping cart.
Just as I was about to offer to help, the scruffily dressed young man stepped forward and said, "Sir, I would be honored to help. Let me bring the groceries while you go to your car." I was struck by how articulate and polished the young man's speech was. He might have looked scruffy, but he didn't sound scruffy. He was obviously intelligent. He was also kind. In spite of what the older man had said about him, this young man was willing to help.
I stayed nearby and watched to see how this situation would unfold. The young man rolled the grocery cart out to the older man's car, unloaded his groceries, and wished him a good day. Hesitantly at first, but then with conviction the old man stuck out his hand to shake. The young man took it in both of his and said, "God bless you sir." As the older man watched the scruffy-looking "kid" walk away, a tear rolled down his wrinkled cheek. One simple act of kindness bridged a gap as wide as the Grand Canyon between two generations.
Kindness may be the most powerful aspect of Christian love. Showing kindness to others involves being considerate and generous. Simple acts of kindness can move people deeply, as was the case with the elderly man at the grocery store. When it comes to kindness, the worst circumstances often bring out the best in people. I am from Florida. We see this contention borne out in the aftermath of every hurricane we have to endure. For example, it is not uncommon for those whose homes are still standing in the aftermath of a hurricane to take in those who have lost theirs. People share the little food and fresh water they have with complete strangers. Before the government agencies can even get organized, good Samaritans from other communities and even other states are already on site helping the victims restore their lives.
A moving example of how powerful kindness can be occurred in the midst of shock, tragedy, and grief in another setting. It came in the aftermath of one of the most coldhearted and callous acts imaginable. It was October, 2006 when Charles Roberts IV walked into an Amish schoolhouse and brutally murdered five little girls, wounding five others. He specifically targeted girls and his clear intent was to kill all of them. Roberts was not Amish, nor are his parents. But his parents did live near the scene of the murders in that Amish community.
Upon hearing about what her son had done, Mrs. Roberts was distraught beyond words. Not only did he kill five innocent little girls, he then killed himself. How could her son have done such a wicked, evil thing? How could she and her husband continue to live in a community where they would always be viewed as the parents of an infamous murderer? How could they live in the midst of grieving parents whose children were brutally murdered by their son? These and other questions were going through the minds of Mr. and Mrs. Roberts when there was a knock on their front door. What happened next changed everything.
When the Roberts opened the door, a man representing the Amish community was standing there, his hat removed in a gesture of respect. Mr. and Mrs. Roberts braced themselves for what they were sure was coming. This man was going to unload his pent-up anger and grief on them, and who could blame him? But that is not what happened. Instead, he offered Mr. and Mrs. Roberts condolences on the loss of their son. He assured them they were not viewed harshly by the grieving parents. Like the Amish parents, they too had lost a child. Though mired in sorrow, the Amish community understood what the Roberts family was going through and wanted to comfort them.
Then, on the day of Charles Roberts funeral, a group of Amish men and women—including the parents of some of the murdered little girls—not only attended his funeral, but offered their condolences to Mr. and Mrs. Roberts. The grieving Amish families met with Mr. and Mrs. Roberts and in spite of the personal sorrow they were enduring themselves did their best to console the murderer's mother and father. Later when Mrs. Roberts had to undergo treatments for cancer, the Amish community came forward to support and assist her.
The kindness of a grieving Amish community did much to bless the Roberts family during a time of mutual sorrow, but it did much more than that. News media outlets from all over the world carried the story of kindness and forgiveness. People in every corner of the globe were deeply moved by the kindness of the Amish community. It demonstrated in a way that transcended language and culture what God means when he tells us that love is "kind."
LOVE DOES NOT ENVY Envy means coveting what someone else has or has achieved. Closely associated with envy is jealousy, although they are not the same thing. While envy is about coveting something another person has, jealousy is about fearing that something will be taken from you by another person. The Tenth Commandment proscribes coveting (Exodus 20:17). As Christians, we cannot honor God in our lives if we are caught up in the pernicious tentacles of envy. Never forget that envy led to the world's first murder when Cain killed his own brother, Abel. When God favored Abel's sacrifice—favor Cain coveted—Cain was filled with malicious envy. That envy drove him to kill his brother (Genesis 4:1-18). This account from Genesis demonstrates how destructive envy can be.
LOVE DOES NOT BOAST
Boasting is bragging. It means trumpeting your own supposed importance, superiority, or achievements, often in an exaggerated manner that is offensive to other people as well as to God. The way of love described in 1 Corinthians 13 proscribes this foolish practice. Boasting is the opposite of humility. Humility is about deference to others. Boasting is about expecting deference for yourself.
People who feel compelled to boast suffer from either over-inflated or fragile egos. Those with over-inflated egos tend to believe what they say when boasting. They are convinced of their own superiority and importance. Those with fragile egos boast to compensate for their poor self-images. Both are misguided responses. As a rule, people don't like braggarts, but an even more important consideration is that God doesn't like braggarts. This is why He admonishes us to be humble. For example, in Ephesians 4:2 we are encouraged to be humble and to abide with each other in love. 1 Peter 5:6-7 tells us to humble ourselves before God and to let Him lift us up.
I am sure you have observed people who are braggarts and boasters. How does it make you feel when someone is boasting? Would you rather deal with someone who is humble or someone who is a braggart? I once had a football coach who would not abide boasting. To be caught bragging by him would cost you dearly in extra wind sprints and other "attitude-adjustment activities" after practice. He had an effective way of teaching humility. It's hard to brag when you are so bone weary from extra PT (physical training), you can hardly walk. He used to tell us, "If you are any good, you don't need to brag and if you aren't you have nothing to brag about." This is good advice for Christians who want to please God.
Part 2 will cover arrogance, rudeness, insisting on getting your won way, and irritability.


Those who know me know that I really like Frisbee and I really like Frisbee. I was privileged to participate in this collaboration with the son of the late great Huell Howser, Hank.
Posted on January 13, 2013 by earnestwords	This entry was posted in Uncategorized. Bookmark the permalink.


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Apple TV+ to be Bundled With $4.99 Apple Music Student Subscription
Posted on October 31, 2019 by Priyank Gada
Apple unveiled its video streaming service, Apple TV+, back in March, alongside its game-streaming platform, Apple Arcade. The company had already announced plans to bundle a 1-year subscription of the former with any iPhone, iPad, Mac, Apple TV and iPod Touch purchase, but the company is now also offering to bundle the service with Apple Music's student subscription plan, which costs $4.99 a month.
The news is believed to have been first reported by Academy Award-nominated actress, Hailee Steinfeld, on her Instagram page. Subscribed separately, Apple TV+ will cost $4.99 per month, while Apple Music comes with a price-tag of $9.99 a month per device for regular subscribers or $14.99 for the Family Plan. The student plan bundle is only a limited period offer, but Apple is yet to announce a concrete end date.
In case you don't know it already, Apple TV+ will officially launch in the US tomorrow, November 1st. Contrary to expectations, the Cupertino giant has priced the service at just $4.99 per month for the entire family (multiple devices), which is significantly lower than the plans offered by the biggest name in the industry, Netflix, whose standard plan now starts at $12.99 per month after a price revision earlier this year.
According to earlier reports, Apple is spending generously on content for its new streaming platform. A new sci-fi show in particular, called 'See', is reportedly being shot at an eye-popping budget of $15 million per episode. The show has been described by Apple as an epic, 'world-building drama' set in the future, and stars Jason Momoa from 'Game of Thrones'. Some of the other programs on the platform will star celebrities like Jennifer Aniston, Oprah Winfrey, Reese Witherspoon and Steve Carell.
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Anxiety is felt by virtually every individual in plenty of manners defined in loose terms since "any need that we put upon our own body ". When the body responds to one of these requirements, then we feel "stressed out". This "flight or fight" response will make us feel anger or anxiety and that releases chemicals in our bodies to give us power in this time period. This is a standard response of the human body. However, it is if it's in a chronic state that harm happens.
Living in perpetual pressure triggers a continuous release of compounds that hurts our tissues. Frequent pros and cons of himalayan salt lamps are tiredness, osteoporosis, higher blood pressure, and suppressed psychological function, to mention a couple. In brief, our compound reaction to pressure causes a toxic jolt to our own cells and we eventually become inflicted with disease and inflammation.
It had been found a long time ago that not salt that we ingest would be exactly the exact same and that sea salt is really a great deal more valuable to us than ordinary table salt. When dining salt is consumed, it causes a loss of nutrients and energy, anxiety to our entire body, along with other internal issues. Sea salt is more readily digested since our body is much more aligned with its own molecular arrangement and therefore we benefit out of its own nutrients. The early Primordial Seas of long ago today live from the Himalayan Mountain area in the form of compacted crystal stone. It's been discovered that this salt is much more valuable to people than sea salt since it's over 99 percent pure and contains all of 84 of those minerals and components that our body needs to operate easily. However, when this salt is heated, in addition, it has a therapeutic effect on the body.
Heated salt crystals bring water molecules in the air, forming a sodium chloride solution. There's an imbalance of ions within this response that leaves a negative ion to bond with something different. This negative ion attempts out the very first positive ion, such as those made by electronic apparatus, and neutralizes it. Actually lately, a consultant to the FDA explained that computer screens give off considerable quantities of positive ions and may actually result in depression, anxiety, exhaustion, etc., in people who sit in front of computers a great deal and that we will need to possess adverse ion replenishment. Therefore, to remain healthy given each the positive ions drifting around, there must be some neutralizing or decrease happening.