(1) For the purposes of this Part, sections of the fax marketing industry are to be ascertained in accordance with this section.
(2) If no determination is in force under subsection (3), all of the persons carrying on, or proposing to carry on, fax marketing activities constitute a single section of the fax marketing industry for the purposes of this Part.
(3) The ACMA may, by legislative instrument, determine that persons carrying on, or proposing to carry on, one or more specified kinds of fax marketing activity constitute a section of the fax marketing industry for the purposes of this Part.
(4) The section must be identified in the determination by a unique name and/or number.
(5) A determination under subsection (3) has effect accordingly.
(6) Sections of the fax marketing industry determined under subsection (3):
(a) need not be mutually exclusive; and
(b) may consist of the aggregate of any 2 or more sections of the fax marketing industry mentioned in subsection (2) or determined under subsection (3); and
(c) may be subsets of a section of the fax marketing industry mentioned in subsection (2) or determined under subsection (3).
(7) Subsection (6) does not, by implication, limit subsection (3).