Commonwealth Consolidated Acts

SPAM ACT 2003 - SECT 6

Basic definition

  (1)   For the purposes of this Act, a commercial electronic message is an electronic message, where, having regard to:

  (a)   the content of the message; and

  (b)   the way in which the message is presented; and

  (c)   the content that can be located using the links, telephone numbers or contact information (if any) set out in the message;

it would be concluded that the purpose, or one of the purposes, of the message is:

  (d)   to offer to supply goods or services; or

  (e)   to advertise or promote goods or services; or

  (f)   to advertise or promote a supplier, or prospective supplier, of goods or services; or

  (g)   to offer to supply land or an interest in land; or

  (h)   to advertise or promote land or an interest in land; or

  (i)   to advertise or promote a supplier, or prospective supplier, of land or an interest in land; or

  (j)   to offer to provide a business opportunity or investment opportunity; or

  (k)   to advertise or promote a business opportunity or investment opportunity; or

  (l)   to advertise or promote a provider, or prospective provider, of a business opportunity or investment opportunity; or

  (m)   to assist or enable a person, by a deception, to dishonestly obtain property belonging to another person; or

  (n)   to assist or enable a person, by a deception, to dishonestly obtain a financial advantage from another person; or

  (o)   to assist or enable a person to dishonestly obtain a gain from another person; or

  (p)   a purpose specified in the regulations.

  (2)   For the purposes of paragraphs   ( 1)(d) to (l), it is immaterial whether the goods, services, land, interest or opportunity exists.

  (3)   For the purposes of paragraphs   ( 1)(d) to (l), it is immaterial whether it is lawful to acquire the goods, services, land or interest or take up the opportunity.

  (4)   Any of the following:

  (a)   the supplier or prospective supplier mentioned in paragraph   ( 1)(f) or (i);

  (b)   the provider or prospective provider mentioned in paragraph   ( 1)(l);

  (c)   the person first mentioned in paragraph   ( 1)(m), (n) or (o);

may be the individual or organisation who sent the message or authorised the sending of the message.

  (5)   Paragraphs   ( 1)(d) to (p) are to be read independently of each other.

  (6)   Subsection   ( 1) has effect subject to subsection   ( 7).

Excluded messages--regulations

  (7)   The regulations may provide that a specified kind of electronic message is not a commercial electronic message for the purposes of this Act.

Interpretation

  (8)   An expression used in paragraph   ( 1)(m) of this section and in section   134.1 of the Criminal Code has the same meaning in that paragraph as it has in that section.

  (9)   An expression used in paragraph   ( 1)(n) of this section and in section   134.2 of the Criminal Code has the same meaning in that paragraph as it has in that section.

  (10)   An expression used in paragraph   ( 1)(o) of this section and in section   135.1 of the Criminal Code has the same meaning in that paragraph as it has in that section.