South Australian Numbered Acts South Australian Numbered Acts5—Amendment of section 5—Interpretation
(1) Section 5(1)—before the definition of "consent" insert:
"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 a natural person each time an action is initiated or a response is generated by the system;
(2) Section 5(1), definition of "place of business"—delete the definition and substitute:
"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 referred to 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;
(3) Section 5(1), definition of "transaction"—delete the definition and substitute:
"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.