Document ID: chunk:federal_register_of_legislation:C2016C00614:section:7
Version: federal_register_of_legislation:C2016C00614
Segment Type: section
Provision Reference: s 7
Character Range: 20696–21769

7  Australian link
  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.