Document ID: chunk:federal_register_of_legislation:C2004A01215:clause:1_109a
Version: federal_register_of_legislation:C2004A01215
Segment Type: clause
Provision Reference: sch 1 cl 109A
Character Range: 4645–6910

109A  E‑marketing activity

 (1) For the purposes of this Part, an e‑marketing activity is an activity to which subsection (2) or (3) applies.

 (2) This subsection applies to an activity that:
 (a) is carried on by a person (the first person) under a contract or arrangement (other than a contract of employment); and
 (b) consists of:
 (i) using commercial electronic messages to market, advertise or promote goods or services, where the first person is not the supplier or prospective supplier of the goods or services; or
 (ii) using commercial electronic messages to advertise or promote a supplier or prospective supplier of goods or services, where the first person is not the supplier or prospective supplier of the goods or services; or
 (iii) using commercial electronic messages to market, advertise or promote land or interests in land, where the first person is not the supplier or prospective supplier of the land or interests in land; or
 (iv) using commercial electronic messages to advertise or promote a supplier or prospective supplier of land or interests in land, where the first person is not the supplier or prospective supplier of the land or interests in land; or
 (v) using commercial electronic messages to market, advertise or promote business opportunities or investment opportunities, where the first person is not the provider or prospective provider of the business opportunities or investment opportunities; or
 (vi) using commercial electronic messages to advertise or promote a provider, or prospective provider, of business opportunities or investment opportunities, where the first person is not the provider or prospective provider of the business opportunities or investment opportunities.

 (3) This subsection applies to an activity carried on by a person if:
 (a) the activity consists of using commercial electronic messages to market, advertise or promote goods or services; and
 (b) the person is the supplier or prospective supplier of the goods or services; and
 (c) the activity is the sole or principal means of marketing, advertising or promoting the goods or services.

 (4) An expression used in this section and in section 6 of the Spam Act 2003 has the same meaning in this section as it has in that section.