Spam Off

Some Aussie companies continue to send spam into cyberspace.

You’d think they knew and understood the provisions of the Spam Act 2003 (Cth). You’d think they had reviewed their e-mail and internet policies to ensure compliance. You’d think they’d also reviewed client databases and contact details to ensure they’d obtained client consent for receiving commercial messages.

You’d think they’d trained their employees on anti-spam policies. You’d think they would have reviewed their marketing strategies and the methods they use to distribute commercial messages to existing and potential clients.

Organisations not complying with the Act can be fined in excess of $1 million a day. That’s a lot of money to lose for sending out commercial electronic messages without approval from the recipient or an exemption granted under the Act.

The Act defines an electronic message to include one sent by e-mail, SMS text or using an internet-based messaging system. Specifically excluded are fax and voice communications. The message, to be proscribed, must be for a specific commercial purpose e.g. offering or promoting or advertising goods, services, investments or land. Further, the message must have been send from Australia or be accessed in Australia.

© Irfan Yusuf 2007

Residential Tenancy Notes

[01] A residential tenancy generally exists when the tenant pays the landlord for the right to occupy the landlord’s premises (or part thereof) for an agreed period.

[02] Rights and obligations of parties are covered by the Residential Tenancies Act (RTA).

[03] RTA applies to Housing Dept tenancies (unless tenancy contains term excluding RTA) and to community housing.

[04] RTA generally doesn’t apply to permanent residents of residential parks.

[05] RTA doesn’t apply to boarders or ledgers. Also doesn’t apply to persons paying ‘rent’ in nursing homes, hostels and holiday houses.

[06] RTA prescribes a tenancy form with standard terms that cannot be varied.

[07] RTA recognises 2 types of tenancies.

[08] A fixed term tenancy is for a fixed period stated in contract. During term, rent cannot be increased unless contract allows and 60 days written notice given. Usually, tenancy cannot be terminated. If tenant terminates, s/he must pay costs.

[09] A continuing tenancy allows rent to be increased or tenancy terminated provided landlord gives 60 days notice. Tenant can terminate on 21 days notice.

[10] Fixed term tenancy can become continuing when fixed period ends and tenancy continues.

[11] Before contract signed, agent/landlord must provide itemised statement of payments due. Only the following payments can be demanded: rent, bond money (4 weeks rent), contract preparation fee and any costs allowed by regulation.

© Irfan Yusuf 2007