Commonwealth Consolidated Acts Commonwealth Consolidated ActsNote: See section 4.
The object of this Schedule is to define the expression designated marketing fax .
Note: Designated marketing faxes are exempt from section 12B (unsolicited marketing faxes must not be sent to a number registered on the Do Not Call Register).
2 Government bodies and charities
For the purposes of this Act, a marketing fax is a designated marketing fax if:
(a) the sending of the fax is authorised by either of the following bodies:
(i) a government body;
(ii) a registered charity; and
(b) if the fax relates to goods or services--the body is the supplier, or prospective supplier, of the goods or services; and
(c) the fax is not of a kind specified in the regulations.
3 Political parties, independent members of parliament, candidates etc.
Political parties
(1) For the purposes of this Act, a marketing fax is a designated marketing fax if:
(a) the sending of the fax is authorised by a registered political party; and
(b) having regard to:
(i) the content of the fax; and
(ii) the presentational aspects of the fax;
it would be concluded that the purpose, or one of the purposes, of the fax is:
(iii) to conduct fund - raising for electoral purposes; or
(iv) to conduct fund - raising for political purposes; and
(c) if the fax relates to goods or services--the registered political party is the supplier, or prospective supplier, of the goods or services; and
(d) the fax is not of a kind specified in the regulations.
Independent members of parliament etc.
(2) For the purposes of this Act, a marketing fax is a designated marketing fax if:
(a) the sending of the fax is authorised by a person who is a member of:
(i) the Parliament of the Commonwealth; or
(ii) the parliament of a State; or
(iii) the Legislative Assembly for the Australian Capital Territory; or
(iv) the Legislative Assembly of the Northern Territory; or
(vi) a local governing body established by or under a law of a State or a Territory;
and who is not affiliated with any registered political party; and
(b) having regard to:
(i) the content of the fax; and
(ii) the presentational aspects of the fax;
it would be concluded that the purpose, or one of the purposes, of the fax is:
(iii) to conduct fund - raising for electoral purposes; or
(iv) to conduct fund - raising for political purposes; and
(c) if the fax relates to goods or services--the person is the supplier, or prospective supplier, of the goods or services; and
(d) the fax is not of a kind specified in the regulations.
(3) For the purposes of this Act, a marketing fax is a designated marketing fax if:
(a) the sending of the fax is authorised by a person who is a candidate in an election for:
(i) the House of Representatives; or
(ii) the Senate; or
(iii) a house of the parliament of a State; or
(iv) the Legislative Assembly for the Australian Capital Territory; or
(v) the Legislative Assembly of the Northern Territory; or
(vii) a local governing body established by or under a law of a State or a Territory; and
(b) having regard to:
(i) the content of the fax; and
(ii) the presentational aspects of the fax;
it would be concluded that the purpose, or one of the purposes, of the fax is:
(iii) to conduct fund - raising for electoral purposes; or
(iv) to conduct fund - raising for political purposes; and
(c) if the fax relates to goods or services--the person is the supplier, or prospective supplier, of the goods or services; and
(d) the fax is not of a kind specified in the regulations.
Relevant account - holder is a householder
(1) For the purposes of this Act, a marketing fax is a designated marketing fax if:
(a) the sending of the fax is authorised by an educational institution; and
(b) the fax is sent to a number that is used or maintained primarily for the private or domestic purposes of the relevant account - holder and/or members of the relevant account - holder's household; and
(c) either or both of the following subparagraphs apply:
(i) the relevant account - holder is, or has been, enrolled as a student in that institution;
(ii) a member or former member of the relevant account - holder's household is, or has been, enrolled as a student in that institution; and
(d) if the fax relates to goods or services--the institution is the supplier, or prospective supplier, of the goods or services; and
(e) the fax is not of a kind specified in the regulations.
Relevant account - holder is an employer
(2) For the purposes of this Act, a marketing fax is a designated marketing fax if:
(a) the sending of the fax is authorised by an educational institution; and
(b) the relevant account - holder is the employer of an employee; and
(c) the fax is sent to a number that is used or maintained primarily for the private or domestic purposes of the employee and/or members of the employee's household; and
(d) either or both of the following subparagraphs apply:
(i) the employee is, or has been, enrolled as a student in that institution;
(ii) a member or former member of the employee's household is, or has been, enrolled as a student in that institution; and
(e) if the fax relates to goods or services--the institution is the supplier, or prospective supplier, of the goods or services; and
(f) the fax is not of a kind specified in the regulations.
Note: Clause 7 provides for an extended meaning of employee and employer .
The regulations may provide that a specified kind of marketing fax is a designated marketing fax for the purposes of this Act.
6 Authorising the sending of marketing faxes
Attribution of authorisation to organisation
(1) For the purposes of this Schedule (including subclause ( 2)), if:
(a) an individual authorises the sending of a marketing fax; and
(b) the individual does so on behalf of an organisation;
then:
(c) the organisation is taken to authorise the sending of the fax; and
(d) the individual is taken not to authorise the sending of the fax.
Self - authorisation
(2) For the purposes of this Schedule, if:
(a) a marketing fax is sent by an individual or organisation; and
(b) the sending of the fax is not authorised by any other individual or organisation;
the first - mentioned individual or organisation is taken to authorise the sending of the fax.
7 Extended meaning of employee and employer
Member of the executive body of a body corporate
(1) For the purposes of clause 4, if an individual is a member of the executive body (whether described as the board of directors or otherwise) of a body corporate, the individual is taken to be an employee of the body corporate.
Contractor
(2) For the purposes of clause 4, if an individual works under a contract that is wholly or principally for the labour of the individual, the individual is taken to be an employee of the other party to the contract.
Member of parliament
(3) For the purposes of clause 4, if an individual is a member of the Parliament of the Commonwealth, the individual is taken to be an employee of the Commonwealth.
(4) For the purposes of clause 4, if an individual is a member of the parliament of a State, the individual is taken to be an employee of the State.
(5) For the purposes of clause 4, if an individual is a member of the Legislative Assembly for the Australian Capital Territory, the individual is taken to be an employee of the Australian Capital Territory.
(6) For the purposes of clause 4, if an individual is a member of the Legislative Assembly of the Northern Territory, the individual is taken to be an employee of the Northern Territory.
Member of local governing body
(8) For the purposes of clause 4, if an individual is a member of a local governing body established by or under a law of a State or Territory, the individual is taken to be an employee of that body.
Officeholder etc.
(9) For the purposes of clause 4, if an individual:
(a) holds, or performs the duties of, an appointment, office or position under the Constitution or under a law of the Commonwealth, of a State or of a Territory; or
(b) is otherwise in the service of the Commonwealth, of a State or of a Territory (including service as a member of the Defence Force or as a member of a police force);
the individual is taken to be an employee of the Commonwealth, the State or the Territory, as the case requires.