Australia is prosecuting the first alleged spammer under its new-ish Spam Act. The Australian Communications Authority (ACA) accuses Perth-based Clarity1 of sending at least 56 million junk emails since the Spam Act came into force in April last year.

And it accuses the company and its managing director, Wayne Mansfield, of harvesting some of the email addresses he sent mail to. Citing the "scale of the breach" of the Spam Act, the ACA is seeking an interim injunction until the court hearing against Clarity1.

In a release announcing the action against Mansfield, the ACA notes that his company – under its trading name Business Seminars Australia - is listed by Spamhaus, as one of the world’s top 200 spammers.

The ACA wrote to several alleged spammers based in Australia on the Spamhaus list before the Spam Act began in April 2004.

ACA Acting Chairman Dr Bob Horton said: “We advised them that they were required to comply with the new Act,” he said. “Spamhaus subsequently reported that several major Australian spammers on their list had stopped operating, or left the jurisdiction. “However, this particular operation continues today allegedly in breach of the Act.”

Mansfield denies breaking the law. He said he welcomes the opportunity to prove the legality of his operations in court, Australia’s ABC News reports. ®

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