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On Mon, 2012-12-17 at 19:34 +1100, Andrew Donnellan wrote:<BR>
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On 17/12/12 18:37, Noel Butler wrote:
> p6a should be amended to remove the bit of newsletters, if I didn't
> ask for it, then its a breach under the Spam Act, yes a breach
> because it would be an individual member sending it, not L.A., and
> if it was a L.A endorsed newsletter, then, it would be sent by
> official means which would not require a member seeking access to a
> members database to do it.
No - if the member is acting as an officer of the association, or by
the delegated authority of the association, then the association is
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As I said, if a member requests the details of members so they can send UBE, then it breaches the spam act<BR>
as it is not a sanctioned broadcast message and not requested., for instance if you requested all members emails so you can send a newsletter, it is a breach of the act since you are not officially sending OBO LA<BR>
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In any case, it would only a breach of the Spam Act if the particular
message falls within the definition of "unsolicited *commercial*
electronic message" in said Spam Act.
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indeed , which is exactly what it would be.
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>
> I think the Federal Privacy Commissioner would have some serious
> concerns about some or a lot of S7.
When you sign up to be a member of LA, that implies acceptance of the
Constitution, which has the legal force of a contract (see
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exactly why it needs changing, it is too relaxed, however, the constitution, can not override federal law <BR>
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In any case, by becoming a member of the association, you agree to it,
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No, we agree to newsletters from LA, not from "some joe average member"<BR>
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Andrew
(who has spent far too long reading the Associations Incorporation Act
in recent months)
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Cheers<BR>
Noel <BR>
(who has spent many years as an ISP abuse desk manager)<BR>
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