Jurisdiction - Australia
Australia – CMA Commences Proceedings For Breaching Undertaking.

 31 August, 2012


Legal News & Analysis – Asia Pacific – Australia – TMT


The ACMA has commenced proceedings in the Federal Court in Sydney against JER Pty Ltd (JER) for breach of an enforceable undertaking under the Spam Act 2003 (Spam Act).
Following an ACMA investigation into its e-marketing activities in 2011, JER, a nightclub promoter trading as “Urban Agent”, undertook to provide quarterly audit reports about its compliance with the Spam Act. The ACMA is seeking an order from the Federal Court that JER comply with the terms of its undertaking.
Enforceable undertakings are an important mechanism provided for under the Spam Act and other legislation administered by the ACMA.  The ACMA regards compliance with an undertaking freely given to it as a serious matter and expects that the obligations in the undertaking will be complied with in full.  Where they are not, the ACMA will take all necessary measures, including court action, to ensure that the obligations contained in the undertaking are met.
To view ACMA’s media release click here.


For further information, please contact:


Gordon Hughes, Partner, Ashurst

[email protected] 



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