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
- Ensure your ‘No Junk Mail’ (or similar) sign is clearly visible.
- Contact the Distribution Standards Board (as part of the Australasian Catalogue Association) and lodge a complaint online or by calling 1800 676 136.
- Contact the individual business and request to be removed from their distribution list.
- Register your address as a ‘Do not Mail’ address with Australian Direct Marketers Association.
- Register your address at Australia Post unaddressed mail service ums@auspost.com.au.
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
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If you haven’t already lodged a complaint with the Distribution Standards Board please contact them first.
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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
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If you haven’t already lodged a complaint with the Distribution Standards Board please contact them first.
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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
- It is not illegal for newspapers to be left on the ground at your premises. You can however, request that it no longer be delivered.
I don’t want to receive newspapers
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Contact the newspaper in writing and request that the paper no longer be delivered to the premises. Retain a copy of your request.
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The newspaper is now UAM and can only be delivered to your mailbox (or similar).
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If you have a clearly visible sign saying ‘No Junk Mail’ (or similar) the newspaper now should not be delivered to the premises.
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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:
- Companies of which you are a current customer
- Companies that are not members of ADMA
- Businesses that market themselves to your business
- The delivery of unaddressed mail, including brochures, letterbox drops and flyers
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"
