Vic spammers under investigation

By Patrick Gray
24 June 2003 11:30 AM
Tags: spam, department, safe, ultimate, patrick, victoria, trading, section
The Victorian Department of Justice has confirmed it is "currently investigating" a complaint made against a spammer last month.

The business under investigation, Ultimate Safe, was reported to Consumer Affairs Victoria, a division of the state's Department of Justice, last month following a spam campaign that claimed several questionable product endorsements and testimonials.

The unsolicited e-mail maintained the safe product had received endorsements from organisations such as the Australian Taxation Office, Australian Federal Police and Daimler Chrysler, the makers of Mercedes cars.

A spokeswoman for Consumer Affairs Victoria told ZDNet Australia  the matter hasn't been left idle.

"Consumer Affairs Victoria is currently investigating the complaint against 'Ultimate Safe' and will continue to make enquiries," she said.

The Department of Justice, consumer division administers a wide range of legislation, from the Chattel Securities Act 1987, excluding Part 3 which is administered by the Minister for Roads and Ports, to the Carriers and Innkeepers Act 1958.

At the crux of the Ultimate Safe complaint is an alleged breach of section 12 of the Fair Trading Act, which deals with false representations in relation to goods and services. Under the act it is illegal to "represent that any person has a sponsorship, approval or affiliation that the person does not have".

Penalties for breaching section 12 of the Fair Trading Act ran as high as AU$24,000 for individuals and AU$60,000 for corporations until just over a week ago when the legislation was amended. The penalties have been increased to AU$60,000 for an individual and AU$120,000 for a corporation.

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