Document ID: chunk:federal_register_of_legislation:C2004A01215:clause:1_110a
Version: federal_register_of_legislation:C2004A01215
Segment Type: clause
Provision Reference: sch 1 cl 110A
Character Range: 7078–8428

110A  Sections of the e‑marketing industry

 (1) For the purposes of this Part, sections of the e‑marketing industry are to be ascertained in accordance with this section.

 (2) If no determination is in force under subsection (3), all of the persons carrying on, or proposing to carry on, e‑marketing activities constitute a single section of the e‑marketing industry for the purposes of this Part.

 (3) The ACA may, by written instrument, determine that persons carrying on, or proposing to carry on, one or more specified kinds of e‑marketing activity constitute a section of the e‑marketing industry for the purposes of this Part.

 (4) The section must be identified in the determination by a unique name and/or number.

 (5) A determination under subsection (3) has effect accordingly.

 (6) Sections of the e‑marketing industry determined under subsection (3):
 (a) need not be mutually exclusive; and
 (b) may consist of the aggregate of any 2 or more sections of the e‑marketing industry mentioned in subsection (2) or determined under subsection (3); and
 (c) may be subsets of a section of the e‑marketing industry mentioned in subsection (2) or determined under subsection (3).

 (7) Subsection (6) does not, by implication, limit subsection (3).

 (8) A copy of a determination under subsection (3) is to be published in the Gazette.