Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Part, if a person supplies, or proposes to supply, an electronic messaging service to the public, the person is an electronic messaging service provider .
(2) For the purposes of subsection (1), a service is supplied to the public if, and only if, at least one end - user of the service is outside the immediate circle of the supplier of the service.
(3) In this section:
"electronic message" has the same meaning as in the Spam Act 2003 .
"electronic messaging service" means a service that enables any or all of the following electronic messages to be sent or received:
(a) web - based email;
(b) instant messages;
(c) text messages;
(d) messages of a kind specified in the regulations.
"message" has the same meaning as in the Spam Act 2003 .