Document ID: chunk:federal_register_of_legislation:C2016C00614:clause:2_6
Version: federal_register_of_legislation:C2016C00614
Segment Type: clause
Provision Reference: sch 2 cl 6
Character Range: 61917–63631

6  When withdrawal of consent takes effect
 (1) For the purposes of this Act, if:
 (a) one or more electronic messages have been sent to the relevant electronic account‑holder's electronic address; and
 (b) the relevant electronic account‑holder has consented to the sending of those commercial electronic messages to that electronic address; and
 (c) an individual or organisation authorised the sending of those commercial electronic messages to that electronic address; and
 (d) the relevant electronic account‑holder, or a user of the relevant account, sends the individual or organisation:
 (i) a message to the effect that the account‑holder does not want to receive any further commercial electronic messages at that electronic address from or authorised by that individual or organisation; or
 (ii) a message to similar effect;
the withdrawal of consent takes effect at the end of the period of 5 business days beginning on:
 (e) if the message referred to in paragraph (d) is an electronic message—the day on which the message was sent; or
 (f) if the message referred to in paragraph (d) was sent by post—the day on which service of the message was effected (see section 29 of the Acts Interpretation Act 1901); or
 (g) in any other case—the day on which the message was delivered.
 (2) For the purposes of subclause (1), a business day is a day that is not a Saturday, a Sunday or a public holiday in:
 (a) if the message referred to in paragraph (1)(d) is an electronic message—the place to which the message was sent; or
 (b) if the message referred to in paragraph (1)(d) was sent by post—the place to which the message was sent; or
 (c) in any other case—the place where the message was delivered.