Fax messages
The Department has accepted complaints about fax (facsimile) spam since 20 October 2011.
An amendment to the schedule of the Unsolicited Electronic Messages Act 2007 meant commercial facsimiles are considered 'electronic messages' for the purposes of the Act.
Businesses using fax technology as a means of marketing and promoting their goods and services need to comply with the consent and unsubscribe provisions contained within the Act:
The sender must be able to prove consent existed for the fax to be sent to the recipient.
The sender must also provide the recipient with a free method of unsubscribing via the same mode of communication. The unsubscribe facility must be clearly presented and easy to use. It would also be best business practice to provide the recipient with an alternative method of unsubscribing (i.e. phone or email address)
Faxes must also contain accurate sender information which clearly identifies the sender of the message and how they can be contacted.
