Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"account" includes:
(a) a free account; and
(b) a pre - paid account; and
(c) anything that may reasonably be regarded as the equivalent of an account.
"ACMA" means the Australian Communications and Media Authority.
"acquire" , when used in relation to goods or services, has the same meaning as in the Competition and Consumer Act 2010 .
"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.
"agency" includes:
(a) an armed force; and
(b) a police force.
"Australia" , when used in a geographical sense, includes the external Territories.
"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).
"commercial electronic message" has the meaning given by section 6.
"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.
"designated commercial electronic message" has the meaning given by Schedule 1.
"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.
"electronic message" has the meaning given by section 5.
"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 Competition and Consumer Act 2010 .
"government body" means:
(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.
"harvested-address list" means:
(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.
"international convention" means:
(a) a convention to which Australia is a party; or
(b) an agreement between Australia and a foreign country.
"internet" carriage service means a listed carriage service that enables end - users to access the internet .
"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 .
"logo" includes a trade mark.
"message" means information:
(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.
"mistake" means reasonable mistake of fact.
"organisation" includes:
(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.
Note: Subsection 2C(1) of the Acts Interpretation Act 1901 provides that person includes a body politic or corporate as well as an individual.
"person" includes a partnership.
Note: For treatment of partnerships, see section 585 of the Telecommunications Act 1997 .
"publish" includes:
(a) publish on the internet ; and
(b) publish to the public or a section of the public.
"registered charity" means an entity that is registered under the Australian Charities and Not - for - profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25 - 5(5) of that Act.
"registered political party" means a political party, or a branch or division of a political party, that is registered under:
(a) the Commonwealth Electoral Act 1918 ; or
(b) a law of a State or Territory that deals with electoral matters.
"relevant electronic account-holder" , in relation to the sending of an electronic message to an electronic address, means:
(a) if the electronic address is an email address--the individual or organisation who is responsible for the relevant email 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.
"send" includes attempt to send.
Note: See also section 9.
"services" has the same meaning as in the Competition and Consumer Act 2010 .
"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 .
"supply" :
(a) when used in relation to goods or services--has the same meaning as in the Competition and Consumer Act 2010 ; 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.
"use" has a meaning affected by section 11.
"voice call" means:
(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.