Northern Territory Consolidated Acts Northern Territory Consolidated ActsIn this Act:
"addressee", of an electronic communication, means a person who is intended by the originator to receive the electronic communication, but does not include a person acting as an intermediary with respect to the electronic communication.
"automated message system" means a computer program or an electronic or other automated means used to initiate an action or respond to data messages in whole or in part, without review or intervention by an individual each time an action is initiated or a response is generated by the system.
"consent" includes consent that can reasonably be inferred from the conduct of the person concerned but does not include consent given subject to conditions unless the conditions are complied with.
"data" includes the whole or part of a computer program as defined in section 10(1) of the Copyright Act 1968 (Cth).
"data storage device" means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device.
"electronic communication" means:
(a) a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or
(b) a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system.
"information" means information in the form of data, text, images or sound.
"information system" means a system for generating, sending, receiving, storing or otherwise processing electronic communications.
"information technology requirements" includes software requirements.
"law of the Territory" means a law in force in the Territory, whether written or unwritten, but does not include a law of the Commonwealth.
"non-profit body" means a body that is carried on for purposes other than for profit or gain to its individual members and is, by the terms of the body's constitution, prohibited from making any distribution, whether in money, property or otherwise, to its members.
"originator", of an electronic communication, means a person by whom, or on whose behalf, the electronic communication has been sent or generated before storage, if any, but does not include a person acting as an intermediary with respect to the electronic communication.
"performance", of a contract, includes non-performance of the contract.
"place of business" means:
(a) in relation to a person, other than an entity mentioned in paragraph (b) – a place where the person maintains a non-transitory establishment to pursue an economic activity other than the temporary provision of goods or services out of a specific location; or
(b) in relation to a government, an authority of a government or a non-profit body – a place where any operations or activities are carried out by that government, authority or body.
"transaction" includes:
(a) any transaction in the nature of a contract, agreement or other arrangement; and
(b) any statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract, agreement or other arrangement; and
(c) any transaction of a non-commercial nature.