s106 looks like a loophole though for junk mailers who have a good database.
I wonder what happens with mail sent to a former owner / occupant who has not updated senders with the new address. A literal reading would suggest that that is “unsolicited”, and hence liable to penalty, but commonsense says that it is not the fault of the junk mailer if “solicited” becomes “unsolicited” because the former owner / occupant failed to notify.
I wish we had such a law in N.S.W…
[quote=“sueal59, post:22, topic:15562, full:true”]
I wish we had such a law in N.S.W…[/quote]
You should take it up with the local state MP !!
Try the relevant Opposition shadow minister too. If you have medical situation, Oppositions love to beat the government of the day about the head with that kind of thing. Plays well in the media.
Section 105 details what constitutes Advertising Material for the purposes of the Act and it must include “any form of advertising for a commercial purpose” and could be a letter so Section 106 would capture Junk Mailers who addressed the mail to “The Occupant” or “To the Householder” and sent it through Australia Post but yes if they addressed it to the occupier by name they could circumvent the provision but the receiver can “Return to Sender” (RTS) or write “Refused delivery” and it will be returned to the sender.
Mail that is sent to a previous occupant is not considered unsolicited mail and should simply be marked as RTS with perhaps the notation “Not at this address” or similar wording.
The Qld Govt offer some ways to reduce “Junk Mail” and the following is copied from the website:
"Steps to take to reduce delivery of UAM
If you have taken these steps and are still receiving items, you can make a report or complaint to the department."
Following that section is some contact details and scenarios:
"
Unsolicited advertising material (UAM) is being left on the ground
If you haven’t already lodged a complaint with the Distribution Standards Board please contact them first.
If you are still receiving UAM after lodging a complaint with the Distribution Standards Board, you can complete the department’s UAM reporting form*
I have a ‘No Junk Mail’ sign (or similar) but I am still receiving UAM
If you haven’t already lodged a complaint with the Distribution Standards Board please contact them first.
If you are still receiving UAM after lodging a complaint with the Distribution Standards Board, you can complete the department’s UAM reporting form*
Newspapers are being left on the ground
I don’t want to receive newspapers
Contact the newspaper in writing and request that the paper no longer be delivered to the premises. Retain a copy of your request.
The newspaper is now UAM and can only be delivered to your mailbox (or similar).
If you have a clearly visible sign saying ‘No Junk Mail’ (or similar) the newspaper now should not be delivered to the premises.
You can now report the newspaper as UAM.
*your address will be disclosed to the distributor and deliverer for the purpose of rectifying delivery of advertising material only, and is not used or disclosed for any other purpose."
There is a place to register for No junk mail with the ADMA, it is referenced and linked above in the Qld Govt suggestions but from the ADMA web page I have copied their statement on the Do Not Mail service they offer:
"ADMA is the industry body representing many of Australia’s leading and most respected businesses. As such, we require them to adhere to high standards of conduct. It’s their aim to provide services and products that add value to your life and wellbeing.
However, we also require our Members to respect your privacy, and allow you to register to stop receiving addressed and unsolicited mail from them. That’s why we facilitate a Do Not Mail register on behalf of our members.
You can put your name on the Do Not Mail Register for anyone in Australia who would like to register a residential address and stop receiving addressed and unsolicited mail from ADMA Members.
Putting your name on the Do Not Mail Register won’t stop all advertising and marketing mail. However, it will reduce addressed and unsolicited direct mail from ADMA member businesses and organisations.
It will not stop or reduce the amount of addressed mail you receive from:
Put your details in the form below to place yourself on the Do Not Mail Register. Please allow up to 45 days for your request to be processed and ADMA Member organisations to register it. Your patience in the meantime is appreciated.
If you continue to receive unsolicited mail from an ADMA Member after 45 days (or six weeks), you may lodge a complaint with the Code Authority. To lodge a complaint after 45 days, please email the code authority at comply@adma.com.au"
Only if it is sent by AusPost.
If it is addressed by name but delivered by a walker then it seems to be legitimate and unreturnable.
Then it would become a big cost in envelopes for the marketer (I know, I know, which they would write off in tax). I would suggest at that point writing to the distributor or marketer and advising that you don’t want the mail could then possibly be treated in the same way as newspapers and the mail would become then UAM and banned by the use of a “No Junk Mail” sign. Perhaps an alteration of the Act may be needed to address that but I don’t notice many personal drops by walkers yet with personalised packaging, but you are right it could be used.
There’s not much we can add to advice already shared here @OldGal, but we are listening and we know it’s a big frustration for consumers.
[quote=“grahroll, post:26, topic:15562”]
Then it would become a big cost in envelopes for the marketer[/quote]
Who, including the legislation, said anything about envelopes? 
Envelopes would be an additional cost but so would stuffing them. So the spammers would be keen to avoid having to do that.
The legislation requires personally addressed material. That could be printed onto the advertising material, after it is printed in bulk, and using the database - and ideally after consulting the hypothetical “Do Not Junk Mail Me” Register.
[quote=“grahroll, post:26, topic:15562”]
I don’t notice many personal drops by walkers yet with personalised packaging[/quote]
Yes, that is the tricky part. It would be much more complex for the walkers. They have to get the right junk in the right letter box - instead of just flicking any one junk item in each letter box - and the walker or the company that supplies them with the collateral may want to pre-sort (as Australia Post does). So the whole process becomes more like Australia Post - except Australia Post doesn’t get fined when it misdelivers.
For some time I started seriously reducing my waste. While with the organic waste had a simple solution, composting ar home, over which I had a direct control over, I find it much harder with recycled waste. It goes without saying that there’s a massive problem in Australia with recycled anything, plastic, paper, metal. Going through my recycle bin, much of the waste is from advertising leaflets from different companies. I find no value in them, I literally take them from my mail and put them in the bin. They are being posted even if there’s a no junk sign. I can understand they appeal to certain demographics, but these days they are also very thick. They usually present all their product range, surely causing some sort of choice paralysis. I don’t know any stats on this issue but the fact is, they are outdated, possibly not leading to higher sales, and adding to the issue of waste. Would love to hear some opinions on this matter. Hopefully, even get a campaign going. I wish they get reduced, at the bare minimum, and banned, at best.
If you are in Queensland and receiving junk mail (UAM) with contrary signage on your letterbox, one can lodge a complaint with the Distribution Standard Board…
https://www.qld.gov.au/environment/pollution/management/waste/litter-illegal-dumping/junk-mail
If not in Queensland, see if your state government has similar avenues for redress.
I also agree that the production of unsolicited advertising material is a waste of resources and would be good if a government took a stand and did something about it.
Unfortunately, while many of us have displeasure with receiving UAM, there are many that still want it delivered. This is why lodging a complaint is the best thing to do until more drastic action is taken by goverment.
An issue as to who such a ban might affect?
My elderly parents lived by the deliveries since they did not use the internet, smart phones, or even buy a daily paper.
Perhaps the system should change to an “opt in” registered design sticker on the letter box supported by legislation?
The delivery contractors get paid for the volume of deliveries. It is possibly only pocket money to them. Regulation of their delivery service might be a step too far. Which would leave the distribution/publishers the only target for regulation and penalty.
With basic tablet devices being so cheap, would it be more cost effective for the publishers to offer free reader mode only tablets fitted with a mobile data device as an alternative. Content could be updated off peak as a broadcast streaming service that might also include news and other community content? Or for the tech savvy users a universal app able to use existing devices.
There are already apps available to obtain ‘catalogues’ from the main retailers electronically which is a few steps down this pathway.
We used to get maybe 1kg of junk mail a fortnight, but since over half of dwellings in our area now have ‘No Junk Mail’ or similar signage, they have stopped delivery. I spect thatthe effort to deliver to the minority of houses without signs is not worth the cost or effort.
Maybe that is another way to stop junk mail, run a local campaign to have junk mail signs installed on almost every letterbox…then they might give up like in our residential area.
BTW, it doesn’t stop Australia post, real estate or ither more direct UAM being delivered though…the volume of this is insignificant compared to the past UAM.
Free st8ckers can be sourced following using the information on this website…
I no longer ever look at the catalogues so they go straight into the yellow bin.
I simply read the “sneak peak” catalogues online after 5:00 PM every Monday so as to check what Coles, Woollies and our local Supa IGA will be offering on Wednesday.
I find usually the deliverers pay attention to my no junk mail sign. I get to see catalogues (and I do like to) by going to lasoo.com.au and viewing them there. There’s enough to keep anyone entertained 
We live in the bush - very little junk mail. Tuesday we get our weekly “Householders” haul, if any, and at most 3 cards/flyers. Relatives in town get junk daily; Aust Post “To the Householder”, the massive rolls of supermarket & chain store glossies delivered by walkers, catalogues from door-to-door sellers, and the weekly free paper thrown from a car. They joyfully hand them on to us when we visit (about 5 times a year) as they normally bin them. I enjoy browsing, then they are soaked & go into compost. We don’t have a bin service. I would prefer they didn’t waste the money.
I get my “specials” emailed directly from a local shop, the other chain emails an alert if a new catalogue is available on-line. Innovations annoy me - I bought one thing from them, ticked No Catalogue, and have been getting them posted ever after. Save the paper.
My preferred merhod also. Unfortunately, other members of my household then become quite hostile toward me if or when they find out. Nothing short of a complete ban by an independent authority would alleviate my predicament.
How would that help the other members of your household?
One solution that may work for other households is to get a PO box and get rid of your letter box. Even in states where “no junk mail” has no legal force, there are laws against littering that may then apply.
I would want the deliverer to be required to collect the junk. Fortunately I get very little now - mainly political garbage that is ‘exempt’ from reasonable laws for some reason (can’t think why).
Why would it need to? 
