The parts you should know (Legals)
As any business there are always legals, or as we like to call it "the parts you should know"
1. All prices include GST
2. Programs are paid one month in advance at all times
3. Written notice must be given to cancel programs
4. 30 day trading accounts are available subject to credit and reference checks by You Save Business Network
5. We adhere to the (NPP), please find the details outlined in this section.
6. We adhere to the spam act of 2003, please find the details outlined in this section.
7. You Save Business Network will endevour to supply correct work, which will be outlind by the business owner and we reserve the right to change items as needed.
8. You Save Business Network does not take liability for mistakes, errors and issues that arise from information supplied by business owners and or their customers. If such issues arise it will be the responsability of said parties, both in a legal or disoutive manner.
9. If business owners or their related parties break any of the government acts in relations to NPP or Spam, the business owner or their related parties shall be liable for any penalties, either legal and or disputive and be laible for any prosicucution.
10. You Save Business Network has the right of refusal for both business and customer transactions.
11. Any monies owed by business owners and fall 14 days past there due date will be referred to our commercial debt collection company and their program will be cancelled.
NPP
1. Collection
1.1 An organisation must not collect personal information unless the information is necessary for one or more of its functions or activities.
1.2 An organisation must collect personal information only by lawful and fair means and not in an unreasonably intrusive way.
1.3 At or before the time (or, if that is not practicable, as soon as practicable after) an organisation collects personal information about an individual from the individual, the organisation must take reasonable steps to ensure that the individual is aware of:
(a) the identity of the organisation and how to contact it; and
(b) the fact that he or she is able to gain access to the information; and
(c) the purposes for which the information is collected; and
(d) the organisations (or the types of organisations) to which the organisation usually discloses information of that kind; and
(e) any law that requires the particular information to be collected; and
(f) the main consequences (if any) for the individual if all or part of the information is not provided.
1.4 If it is reasonable and practicable to do so, an organisation must collect personal information about an individual only from that individual.
1.5 If an organisation collects personal information about an individual from someone else, it must take reasonable steps to ensure that the individual is or has been made aware of the matters listed in subclause 1.3 except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual.
2. Use and disclosure
2.1 An organisation must not use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose of collection unless:
(a) both of the following apply:
(i) the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection;
(ii) the individual would reasonably expect the organisation to use or disclose the information for the secondary purpose; or
(b) the individual has consented to the use or disclosure; or
(c) if the information is not sensitive information and the use of the information is for the secondary purpose of direct marketing:
(i) it is impracticable for the organisation to seek the individual's consent before that particular use; and
(ii) the organisation will not charge the individual for giving effect to a request by the individual to the organisation not to receive direct marketing communications; and
(iii) the individual has not made a request to the organisation not to receive direct marketing communications; and
(iv) in each direct marketing communication with the individual, the organisation draws to the individual's attention, or prominently displays a notice, that he or she may express a wish not to receive any further direct marketing communications; and
(v) each written direct marketing communication by the organisation with the individual (up to and including the communication that involves the use) sets out the organisation's business address and telephone number and, if the communication with the individual is made by fax, telex or other electronic means, a number or address at which the organisation can be directly contacted electronically; or
(d) if the information is health information and the use or disclosure is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety:
(i) it is impracticable for the organisation to seek the individual's consent before the use or disclosure; and
(ii) the use or disclosure is conducted in accordance with guidelines approved by the Commissioner under section 95A for the purposes of this subparagraph; and
(iii) in the case of disclosure—the organisation reasonably believes that the recipient of the health information will not disclose the health information, or personal information derived from the health information; or
(e) the organisation reasonably believes that the use or disclosure is necessary to lessen or prevent:
(i) a serious and imminent threat to an individual's life, health or safety; or
(ii) a serious threat to public health or public safety; or
(ea) if the information is genetic information and the organisation has obtained the genetic information in the course of providing a health service to the individual:
(i) the organisation reasonably believes that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety (whether or not the threat is imminent) of an individual who is a genetic relative of the individual to whom the genetic information relates; and
(ii) the use or disclosure is conducted in accordance with guidelines approved by the Commissioner under section 95AA for the purposes of this subparagraph; and
(iii) in the case of disclosure—the recipient of the genetic information is a genetic relative of the individual; or
(f) the organisation has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or
(g) the use or disclosure is required or authorised by or under law; or
(h) the organisation reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:
(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
(ii) the enforcement of laws relating to the confiscation of the proceeds of crime;
(iii) the protection of the public revenue;
(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
Note 1: It is not intended to deter organisations from lawfully co-operating with agencies performing law enforcement functions in the performance of their functions.
Note 2: Subclause 2.1 does not override any existing legal obligations not to disclose personal information. Nothing in subclause 2.1 requires an organisation to disclose personal information; an organisation is always entitled not to disclose personal information in the absence of a legal obligation to disclose it.
Note 3: An organisation is also subject to the requirements of National Privacy Principle 9 if it transfers personal information to a person in a foreign country.
2.2 If an organisation uses or discloses personal information under paragraph 2.1(h), it must make a written note of the use or disclosure.
2.3 Subclause 2.1 operates in relation to personal information that an organisation that is a body corporate has collected from a related body corporate as if the organisations primary purpose of collection of the information were the primary purpose for which the related body corporate collected the information.
2.4 Despite subclause 2.1, an organisation that provides a health service to an individual may disclose health information about the individual to a person who is responsible for the individual if:
(a) the individual:
(i) is physically or legally incapable of giving consent to the disclosure; or
(ii) physically cannot communicate consent to the disclosure; and
(b) a natural person (the carer) providing the health service for the organisation is satisfied that either:
(i) the disclosure is necessary to provide appropriate care or treatment of the individual; or
(ii) the disclosure is made for compassionate reasons; and
(c) the disclosure is not contrary to any wish:
(i) expressed by the individual before the individual became unable to give or communicate consent; and
(ii) of which the carer is aware, or of which the carer could reasonably be expected to be aware; and
(d) the disclosure is limited to the extent reasonable and necessary for a purpose mentioned in paragraph (b).
2.5 For the purposes of subclause 2.4, a person is responsible for an individual if the person is:
(a) a parent of the individual; or
(b) a child or sibling of the individual and at least 18 years old; or
(c) a spouse or de facto spouse of the individual; or
(d) a relative of the individual, at least 18 years old and a member of the individual's household; or
(e) a guardian of the individual; or
(f) exercising an enduring power of attorney granted by the individual that is exercisable in relation to decisions about the individual's health; or
(g) a person who has an intimate personal relationship with the individual; or
(h) a person nominated by the individual to be contacted in case of emergency.
2.6 In subclause 2.5:
child of an individual includes an adopted child, a step-child and a foster-child, of the individual.
parent of an individual includes a step-parent, adoptive parent and a foster-parent, of the individual.
relative of an individual means a grandparent, grandchild, uncle, aunt, nephew or niece, of the individual.
sibling of an individual includes a half-brother, half-sister, adoptive brother, adoptive sister, step-brother, step-sister, foster-brother and foster-sister, of the individual.
An organisation must take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date.
4.1 An organisation must take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.
4.2 An organisation must take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed under National Privacy Principle 2.
5.1 An organisation must set out in a document clearly expressed policies on its management of personal information. The organisation must make the document available to anyone who asks for it.
5.2 On request by a person, an organisation must take reasonable steps to let the person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses and discloses that information.
6.1 If an organisation holds personal information about an individual, it must provide the individual with access to the information on request by the individual, except to the extent that:
(a) in the case of personal information other than health information—providing access would pose a serious and imminent threat to the life or health of any individual; or
(b) in the case of health information—providing access would pose a serious threat to the life or health of any individual; or
(c) providing access would have an unreasonable impact upon the privacy of other individuals; or
(d) the request for access is frivolous or vexatious; or
(e) the information relates to existing or anticipated legal proceedings between the organisation and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
(f) providing access would reveal the intentions of the organisation in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
(g) providing access would be unlawful; or
(h) denying access is required or authorised by or under law; or
(i) providing access would be likely to prejudice an investigation of possible unlawful activity; or
(j) providing access would be likely to prejudice:
(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
(ii) the enforcement of laws relating to the confiscation of the proceeds of crime; or
(iii) the protection of the public revenue; or
(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders;
by or on behalf of an enforcement body; or
(k) an enforcement body performing a lawful security function asks the organisation not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
6.2 However, where providing access would reveal evaluative information generated within the organisation in connection with a commercially sensitive decision-making process, the organisation may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.
Note: An organisation breaches subclause 6.1 if it relies on subclause 6.2 to give an individual an explanation for a commercially sensitive decision in circumstances where subclause 6.2 does not apply.
6.3 If the organisation is not required to provide the individual with access to the information because of one or more of paragraphs 6.1(a) to (k) (inclusive), the organisation must, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.
6.4 If an organisation charges for providing access to personal information, those charges:
(a) must not be excessive; and
(b) must not apply to lodging a request for access.
6.5 If an organisation holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up-to-date, the organisation must take reasonable steps to correct the information so that it is accurate, complete and up-to-date.
6.6 If the individual and the organisation disagree about whether the information is accurate, complete and up-to-date, and the individual asks the organisation to associate with the information a statement claiming that the information is not accurate, complete or up-to-date, the organisation must take reasonable steps to do so.
6.7 An organisation must provide reasons for denial of access or a refusal to correct personal information.
7.1 An organisation must not adopt as its own identifier of an individual an identifier of the individual that has been assigned by:
(a) an agency; or
(b) an agent of an agency acting in its capacity as agent; or
(c) a contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract.
7.1A However, subclause 7.1 does not apply to the adoption by a prescribed organisation of a prescribed identifier in prescribed circumstances.
Note: There are prerequisites that must be satisfied before those matters are prescribed: see subsection 100(2).
7.2 An organisation must not use or disclose an identifier assigned to an individual by an agency, or by an agent or contracted service provider mentioned in subclause 7.1, unless:
(a) the use or disclosure is necessary for the organisation to fulfil its obligations to the agency; or
(b) one or more of paragraphs 2.1(e) to 2.1(h) (inclusive) apply to the use or disclosure; or
(c) the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances.
Note: There are prerequisites that must be satisfied before the matters mentioned in paragraph (c) are prescribed: see subsection 100(2).
7.3 In this clause:
identifier includes a number assigned by an organisation to an individual to identify uniquely the individual for the purposes of the organisation's operations. However, an individual's name or ABN (as defined in the A New Tax System (Australian Business Number) Act 1999) is not an identifier.
Wherever it is lawful and practicable, individuals must have the option of not identifying themselves when entering transactions with an organisation.
An organisation in Australia or an external Territory may transfer personal information about an individual to someone (other than the organisation or the individual) who is in a foreign country only if:
(a) the organisation reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles; or
(b) the individual consents to the transfer; or
(c) the transfer is necessary for the performance of a contract between the individual and the organisation, or for the implementation of pre-contractual measures taken in response to the individual's request; or
(d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between the organisation and a third party; or
(e) all of the following apply:
(i) the transfer is for the benefit of the individual;
(ii) it is impracticable to obtain the consent of the individual to that transfer;
(iii) if it were practicable to obtain such consent, the individual would be likely to give it; or
(f) the organisation has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles.
10.1 An organisation must not collect sensitive information about an individual unless:
(a) the individual has consented; or
(b) the collection is required by law; or
(c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
(i) is physically or legally incapable of giving consent to the collection; or
(ii) physically cannot communicate consent to the collection; or
(d) if the information is collected in the course of the activities of a non-profit organisation'the following conditions are satisfied:
(i) the information relates solely to the members of the organisation or to individuals who have regular contact with it in connection with its activities;
(ii) at or before the time of collecting the information, the organisation undertakes to the individual whom the information concerns that the organisation will not disclose the information without the individual's consent; or
(e) the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.
10.2 Despite subclause 10.1, an organisation may collect health information about an individual if:
(a) the information is necessary to provide a health service to the individual; and
(b) the information is collected:
(i) as required or authorised by or under law (other than this Act); or
(ii) in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation.
10.3 Despite subclause 10.1, an organisation may collect health information about an individual if:
(a) the collection is necessary for any of the following purposes:
(i) research relevant to public health or public safety;
(ii) the compilation or analysis of statistics relevant to public health or public safety;
(iii) the management, funding or monitoring of a health service; and
(b) that purpose cannot be served by the collection of information that does not identify the individual or from which the individual's identity cannot reasonably be ascertained; and
(c) it is impracticable for the organisation to seek the individual's consent to the collection; and
(d) the information is collected:
(i) as required by law (other than this Act); or
(ii) in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation; or
(iii) in accordance with guidelines approved by the Commissioner under section 95A for the purposes of this subparagraph.
10.4 If an organisation collects health information about an individual in accordance with subclause 10.3, the organisation must take reasonable steps to permanently de-identify the information before the organisation discloses it.
10.5 In this clause:
non-profit organisation means a non-profit organisation that has only racial, ethnic, political, religious, philosophical, professional, trade, or trade union aims.
SPAM ACT 2003
An Act about spam, and for related purposes
This Act may be cited as the Spam Act 2003.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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Commencement information |
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Column 1 |
Column 2 |
Column 3 |
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Provision(s) |
Commencement |
Date/Details |
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1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table |
The day on which this Act receives the Royal Assent. |
12 December 2003 |
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2. Sections 3 to 14 |
The day on which this Act receives the Royal Assent. |
12 December 2003 |
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3. Parts 2 to 6 |
On the day after the end of the period of 120 days beginning on the day on which this Act receives the Royal Assent. |
10 April 2004 |
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4. Section 41 |
On the day after the end of the period of 120 days beginning on the day on which this Act receives the Royal Assent. |
10 April 2004 |
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5. Section 42 |
The day on which this Act receives the Royal Assent. |
12 December 2003 |
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6. Sections 43 to 46 |
On the day after the end of the period of 120 days beginning on the day on which this Act receives the Royal Assent. |
10 April 2004 |
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7. Section 47 |
The day on which this Act receives the Royal Assent. |
12 December 2003 |
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8. Schedule 1 |
On the day after the end of the period of 120 days beginning on the day on which this Act receives the Royal Assent. |
10 April 2004 |
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9. Schedule 2 |
The day on which this Act receives the Royal Assent. |
12 December 2003 |
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10. Schedule 3 |
On the day after the end of the period of 120 days beginning on the day on which this Act receives the Royal Assent. |
10 April 2004 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
The following is a simplified outline of this Act:
• This Act sets up a scheme for regulating commercial e‑mail and other types of commercial electronic messages.
• Unsolicited commercial electronic messages must not be sent.
• Commercial electronic messages must include information about the individual or organisation who authorised the sending of the message.
• Commercial electronic messages must contain a functional unsubscribe facility.
• Address‑harvesting software must not be supplied, acquired or used.
• An electronic address list produced using address‑harvesting software must not be supplied, acquired or used.
• The main remedies for breaches of this Act are civil penalties and injunctions.
Note: The Telecommunications Act 1997 contains additional provisions about commercial electronic messages. Those provisions include Part 6 (industry codes and standards), Part 26 (investigations), Part 27 (information‑gathering powers) and Part 28 (enforcement).
In 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 Trade Practices Act 1974.
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 Trade Practices Act 1974.
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: Paragraph 22(1)(a) of the Acts Interpretation Act 1901 provides that person includes a body politic or corporate as well as an individual.
penalty unit has the meaning given by section 4AA of the Crimes Act 1914.
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 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 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.
send includes attempt to send.
Note: See also section 9.
services has the same meaning as in the Trade Practices Act 1974.
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 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.
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.
Basic definition
(1) For the purposes of this Act, an electronic message is a message sent:
(a) using:
(i) an Internet carriage service; or
(ii) any other listed carriage service; and
(b) to an electronic address in connection with:
(i) an e‑mail account; or
(ii) an instant messaging account; or
(iii) a telephone account; or
(iv) a similar account.
Note: E‑mail addresses and telephone numbers are examples of electronic addresses.
(2) For the purposes of subsection (1), it is immaterial whether the electronic address exists.
(3) For the purposes of subsection (1), it is immaterial whether the message reaches its intended destination.
(4) Subsection (1) has effect subject to subsection (5).
Excluded messages—voice calls
(5) If a message is sent by way of a voice call made using a standard telephone service, the message is not an electronic message for the purposes of this Act.
6 Commercial electronic messages
Basic definition
(1) For the purposes of this Act, a commercial electronic message is an electronic message, where, having regard to:
(a) the content of the message; and
(b) the way in which the message is presented; and
(c) the content that can be located using the links, telephone numbers or contact information (if any) set out in the message;
it would be concluded that the purpose, or one of the purposes, of the message is:
(d) to offer to supply goods or services; or
(e) to advertise or promote goods or services; or
(f) to advertise or promote a supplier, or prospective supplier, of goods or services; or
(g) to offer to supply land or an interest in land; or
(h) to advertise or promote land or an interest in land; or
(i) to advertise or promote a supplier, or prospective supplier, of land or an interest in land; or
(j) to offer to provide a business opportunity or investment opportunity; or
(k) to advertise or promote a business opportunity or investment opportunity; or
(l) to advertise or promote a provider, or prospective provider, of a business opportunity or investment opportunity; or
(m) to assist or enable a person, by a deception, to dishonestly obtain property belonging to another person; or
(n) to assist or enable a person, by a deception, to dishonestly obtain a financial advantage from another person; or
(o) to assist or enable a person to dishonestly obtain a gain from another person; or
(p) a purpose specified in the regulations.
(2) For the purposes of paragraphs (1)(d) to (l), it is immaterial whether the goods, services, land, interest or opportunity exists.
(3) For the purposes of paragraphs (1)(d) to (l), it is immaterial whether it is lawful to acquire the goods, services, land or interest or take up the opportunity.
(4) Any of the following:
(a) the supplier or prospective supplier mentioned in paragraph (1)(f) or (i);
(b) the provider or prospective provider mentioned in paragraph (1)(l);
(c) the person first mentioned in paragraph (1)(m), (n) or (o);
may be the individual or organisation who sent the message or authorised the sending of the message.
(5) Paragraphs (1)(d) to (p) are to be read independently of each other.
(6) Subsection (1) has effect subject to subsection (7).
Excluded messages—regulations
(7) The regulations may provide that a specified kind of electronic message is not a commercial electronic message for the purposes of this Act.
Interpretation
(8) An expression used in paragraph (1)(m) of this section and in section 134.1 of the Criminal Code has the same meaning in that paragraph as it has in that section.
(9) An expression used in paragraph (1)(n) of this section and in section 134.2 of the Criminal Code has the same meaning in that paragraph as it has in that section.
(10) An expression used in paragraph (1)(o) of this section and in section 135.1 of the Criminal Code has the same meaning in that paragraph as it has in that section.
For the purposes of this Act, a commercial electronic message has an Australian link if, and only if:
(a) the message originates in Australia; or
(b) the individual or organisation who sent the message, or authorised the sending of the message, is:
(i) an individual who is physically present in Australia when the message is sent; or
(ii) an organisation whose central management and control is in Australia when the message is sent; or
(c) the computer, server or device that is used to access the message is located in Australia; or
(d) the relevant electronic account‑holder is:
(i) an individual who is physically present in Australia when the message is accessed; or
(ii) an organisation that carries on business or activities in Australia when the message is accessed; or
(e) if the message cannot be delivered because the relevant electronic address does not exist—assuming that the electronic address existed, it is reasonably likely that the message would have been accessed using a computer, server or device located in Australia.
8 Authorising the sending of electronic messages
Attribution of authorisation to organisation
(1) For the purposes of this Act (including subsection (2)), if:
(a) an individual authorises the sending of an electronic message; and
(b) the individual does so on behalf of an organisation;
then:
(c) the organisation is taken to authorise the sending of the electronic message; and
(d) the individual is taken not to authorise the sending of the electronic message.
Self‑authorisation
(2) For the purposes of this Act, if:
(a) an electronic message is sent by an individual or organisation; and
(b) the sending of the message is not authorised by any other individual or organisation;
the first‑mentioned individual or organisation is taken to authorise the sending of the message.
9 Sending of electronic messages—carriage service providers
(1) For the purposes of this Act, a person does not send an electronic message, or cause an electronic message to be sent, merely because the person supplies a carriage service that enables the message to be sent.
(2) Subsection (1) is enacted for the avoidance of doubt.
For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.
Unless the contrary intention appears, a reference in this Act to the use of a thing is a reference to the use of the thing either:
(a) in isolation; or
(b) in conjunction with one or more other things.
(1) This Act binds the Crown in each of its capacities.