Document ID: chunk:federal_register_of_legislation:C2021C00356:clause:2_7
Version: federal_register_of_legislation:C2021C00356
Segment Type: clause
Provision Reference: sch 2 cl 7
Character Range: 80907–82508

7  Determinations about consent—marketing faxes sent to business numbers
 (1) The ACMA may, by legislative instrument, determine that, for the purposes of the application of this Act to a marketing fax sent to a business number, the consent of the relevant account‑holder may not be inferred in the circumstances specified in the determination.
 (2) The ACMA may, by legislative instrument, determine that, for the purposes of the application of this Act to a marketing fax sent to a business number, the consent of the relevant account‑holder may be inferred in the circumstances specified in the determination.
 (3) Before making a determination under subclause (1) or (2), the ACMA must consult the Minister.
 (4) Before making a determination under subclause (1) or (2), the ACMA must:
 (a) publish on its website a notice:
 (i) setting out a draft of the determination; and
 (ii) inviting persons to make submissions to the ACMA about the draft determination within 14 days after the notice is published; and
 (b) consider any submissions received within the 14‑day period.
 (5) Subsection 33(3) of the Acts Interpretation Act 1901 applies to a power conferred on the ACMA by subclause (1) or (2). However, if a variation of a determination under subclause (1) or (2) is a variation of a minor nature, the ACMA is not required to comply with subclause (3) or (4) in relation to the variation.
 (6) If a determination under subclause (1) or (2) of this clause is inconsistent with regulations made for the purposes of clause 5, the determination has no effect to the extent of the inconsistency.