Commonwealth Numbered Acts Commonwealth Numbered Acts
(a) a free account; and
(b) a pre-paid account; and
(c) anything that may reasonably be regarded as the equivalent of an
account.
"address-harvesting software "means software that is specifically designed or marketed for use for:
(a) searching the Internet for electronic addresses; and
(b) collecting, compiling, capturing or otherwise harvesting those
electronic addresses.
(a) an armed force; and
(b) a police force.
"Australian link" has the meaning given by section 7.
"authorise", when used in relation to the sending of an electronic message, has a meaning affected by section 8.
"business" includes a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis.
"carriage service" has the same meaning as in the Telecommunications Act 1997 .
"civil penalty provision" means any of the following provisions:
(a) subsections 16(1), (6) and (9);
(b) subsections 17(1) and (5);
(c) subsections 18(1) and (6);
(d) subsections 20(1) and (5);
(e) subsections 21(1) and (3);
(f) subsections 22(1) and (3);
(g) a provision of the regulations that is declared to be a civil penalty
provision in accordance with paragraph 45(2)(c).
"consent", when used in relation to the sending of an electronic message, has the meaning given by Schedule 2.
"data processing device" has the same meaning as in the Telecommunications Act 1997 .
"dealing with", when used in relation to a commercial electronic message, includes:
(a) accessing the message; and
(b) responding to the message; and
(c) filtering the message.
"director" includes a member of the governing body of an organisation.
"educational institution" includes:
(a) a pre-school; and
(b) a school; and
(c) a college; and
(d) a university.
"employee" includes an individual who is in the service of an armed force, a police force or a religious organisation.
"evidential burden", in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
"Federal Court" means the Federal Court of Australia.
"goods" has the same meaning as in the Trade Practices Act 1974 .
(a) a department of the Commonwealth, a State or a Territory; or
(b) an agency, authority or instrumentality of the Commonwealth, a State
or a Territory; or
(c) a department of the government of a foreign country; or
(d) an agency, authority or instrumentality of the government of a foreign
country; or
(e) a department of the government of a part of a foreign country; or
(f) an agency, authority or instrumentality of the government of a part of
a foreign country.
(a) a list of electronic addresses; or
(b) a collection of electronic addresses; or
(c) a compilation of electronic addresses;
where the production of the list, collection or compilation is, to any extent, directly or indirectly attributable to the use of address-harvesting software.
(a) a convention to which Australia is a party; or
(b) an agreement between Australia and a foreign country.
"investment" means any mode of application of money or other property for the purpose of gaining a return (whether by way of income, capital gain or any other form of return).
"listed carriage service" has the same meaning as in the Telecommunications Act 1997 .
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether in the form of speech, music or other sounds; or
(d) whether in the form of visual images (animated or otherwise); or
(e) whether in any other form; or
(f) whether in any combination of forms.
(a) a body corporate; and
(b) a partnership; and
(c) a government body; and
(d) a court or tribunal; and
(e) an unincorporated body or association.
Express references in this Act to organisations do not imply that references in this Act to persons do not include bodies politic or corporate.
(a) publish on the Internet; and
(b) publish to the public or a section of the public.
(a) the Commonwealth Electoral Act 1918 ; or
(b) a law of a State or Territory that deals with electoral matters.
(a) if the electronic address is an e-mail address—the individual or
organisation who is responsible for the relevant e-mail account; or
(b) if the message is sent to an electronic address in connection with an
instant messaging service—the individual or organisation who is
responsible for the relevant instant messaging account; or
(c) if the electronic address is a telephone number—the individual or
organisation who is responsible for the relevant telephone account; or
(d) in any other case—the individual or organisation who is
responsible for the relevant account.
"software" includes a combination of software and associated data.
"standard telephone service" has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .
(a) when used in relation to goods or services—has the same meaning as in
the Trade Practices Act 1974 ; or
(b) when used in relation to land—includes transfer; or
(c) when used in relation to an interest in land—includes transfer or
create.
(a) a voice call within the ordinary meaning of that expression; or
(b) a call that involves a recorded or synthetic voice; or
(c) if a call covered by paragraph (a) or (b) is not practical for a
particular customer with a disability (for example, because the
customer has a hearing impairment)—a call that is equivalent to a
call covered by either of those paragraphs;
whether or not the customer responds by way of pressing buttons on a telephone handset or similar thing.