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Rules

The rules that apply to you

If you run a small Australian store that packs and posts its own orders, three sets of held rules attach to your delivery promise: the Australian Consumer Law on misleading representations and delivery timeframes, the Australian Privacy Principles on customer data, and the Spam Act on marketing messages.

This page reads across three instruments The Art of Service holds: the Australian Consumer Law, the Australian Privacy Principles, and the Australia Spam Act. Each rule is our statement of the clause we hold and checked against the copy we hold, and each is linked to its own page so you can read the framework for yourself.

Which rules apply to a small store's delivery promise?

Three regimes meet at the checkout. The promise printed on your page, that an order placed by a cutoff arrives by a day, is a representation about a service, so the Australian Consumer Law governs whether it is misleading and whether you supply in the time you promised. The customer details you hold to fulfil and market an order bring the Australian Privacy Principles into play. The emails and texts you send to sell bring the Spam Act. The three sections below set out the held obligations in each, grouped by the part or schedule they sit in.

What the Australian Consumer Law requires of your delivery promise

Australian Consumer Law (Competition and Consumer Act 2010 Schedule 2), held at 70 controls across 9 Parts and Divisions. Applies to a store carrying on business in trade or commerce in Australia.

Chapter 2 Parts 2-1 and 2-2: Misleading and unconscionable conduct

Chapter 3 Part 3-1: Unfair practices

Chapter 3 Part 3-2 Division 1: Consumer guarantees

Chapters 4 to 6: Offences, enforcement and remedies

What the Australian Privacy Principles require of the customer data you hold

Australian Privacy Principles (APPs), held at 13 principles across 5 Parts. Applies to an organisation over the small business turnover threshold, and to a smaller business that trades in personal information or is caught by a related exception.

Part 1 - Consideration of Personal Information Privacy

Part 2 - Collection of Personal Information

Part 3 - Dealing with Personal Information

Part 4 - Integrity of Personal Information

Part 5 - Access to, and Correction of, Personal Information

What the Spam Act requires of the marketing messages you send

Australia Spam Act 2003, held at 12 controls across 4 Parts and schedules. Applies to a commercial electronic message sent with an Australian link, whether by email, SMS or message service.

Part 2: Rules for sending commercial electronic messages

Schedule 2: Consent and its withdrawal

Part 3: Address-harvesting software and harvested-address lists

How is the scope and the applicability stated?

Each framework is held at a stated level, and the obligations above are read at that level and no finer. The Australian Consumer Law is held at seventy controls across nine Parts and Divisions, so a citation names the section the control carries, not the words of a subsection. The Australian Privacy Principles are held at the thirteen principles and the Parts they sit in. The Australia Spam Act is held at twelve controls across its Parts and schedules.

Applicability is stated with each section: the consumer law turns on carrying on business in trade or commerce in Australia, the privacy principles turn on being an organisation that holds personal information (with the small business threshold and its exceptions), and the Spam Act turns on a commercial electronic message with an Australian link.

Where a rule is not held in full, what happens?

Some obligations that sit beside these frameworks are not part of them, and this page names the obligation without stating its text. State and territory fair trading laws, the industry codes of conduct that apply to particular goods, and the mandatory safety standards made under other instruments are separate from the Australian Consumer Law framework held here: where a store relies on one, the duty is named and its text is not quoted here. The privacy principles are held at the principles themselves, so a state or territory health privacy statute is a separate instrument and is not stated. Nothing on this page is invented to fill a gap.

How does Cutoff Promise Checker itself reflect these rules?

The tool is built to keep the store inside the promise rules rather than to rewrite them. Every transit time is read from a carrier-published table held at build time, labelled as carrier-published and dated with the day it was read, and where a carrier publishes a range the map uses the slower end, so a next-day verdict is only given where the whole range supports it. It never shows a guaranteed date, because carriers publish transit times as estimates. A missing cutoff, a missing table or an unknown postcode returns scope incomplete and names what is missing, so the map never defaults to the optimistic promise, which is the representation the consumer law is about.

It does not read live orders or customer records, stores nothing unless you save a store profile to your own account, and sends no marketing messages, so the privacy and spam duties stay with the systems that do hold the data and send the mail.

Frequently asked questions

Can I promise next-day delivery if the carrier might be slower?

A promise you cannot keep risks a false or misleading representation. The Australian Consumer Law prohibits misleading or deceptive conduct at s 18 and false or misleading representations about goods or services at s 29, and requires supply within the time promised at s 36. The map only gives a next-day verdict where the whole carrier range supports it.

What delivery time applies when I have not fixed one?

Under s 62 a service must be supplied within a reasonable time where no time is fixed. The map reads the cutoff, the timezone, the order date and the transit table exactly as you type them: a cleared field is never replaced by a default, so a missing cutoff or a missing transit table returns scope incomplete and names what is missing, rather than defaulting to the optimistic promise. An unknown postcode is named the same way.

Do I need consent to email my customers a promotion?

The Australia Spam Act 2003 requires consent for a commercial electronic message at s 16(1) and in Schedule 2, an accurate identification of the authoriser at s 17, and a working unsubscribe facility honoured within five business days at s 18 and Schedule 2.

Does the tool see my customers' personal data?

No. It reads the carrier-published table held in the page and the postcodes you paste. It does not read live orders or customer records, and it stores nothing unless you save a store profile to your own account.

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