Document ID: chunk:federal_register_of_legislation:C2016C00614:clause:2_4
Version: federal_register_of_legislation:C2016C00614
Segment Type: clause
Provision Reference: sch 2 cl 4
Character Range: 59275–61507

4  When consent may be inferred from publication of an electronic address
 (1) For the purposes of this Act, the consent of the relevant electronic account‑holder may not be inferred from the mere fact that the relevant electronic address has been published.

Exception—conspicuous publication
 (2) However, if:
 (a) a particular electronic address enables the public, or a section of the public, to send electronic messages to:
 (i) a particular employee; or
 (ii) a particular director or officer of an organisation; or
 (iii) a particular partner in a partnership; or
 (iv) a particular holder of a statutory or other office; or
 (v) a particular self‑employed individual; or
 (vi) an individual from time to time holding, occupying or performing the duties of, a particular office or position within the operations of an organisation; or
 (vii) an individual, or a group of individuals, from time to time performing a particular function, or fulfilling a particular role, within the operations of an organisation; and
 (b) the electronic address has been conspicuously published; and
 (c) it would be reasonable to assume that the publication occurred with the agreement of:
 (i) if subparagraph (a)(i), (ii), (iii), (iv) or (v) applies—the employee, director, officer, partner, office‑holder or self‑employed individual concerned; or
 (ii) if subparagraph (a)(vi) or (vii) applies—the organisation concerned; and
 (d) the publication is not accompanied by:
 (i) a statement to the effect that the relevant electronic account‑holder does not want to receive unsolicited commercial electronic messages at that electronic address; or
 (ii) a statement to similar effect;
the relevant electronic account‑holder is taken, for the purposes of this Act, to have consented to the sending of commercial electronic messages to that address, so long as the messages are relevant to:
 (e) if subparagraph (a)(i), (ii), (iii), (iv) or (v) applies—the work‑related business, functions or duties of the employee, director, officer, partner, office‑holder or self‑employed individual concerned; or
 (f) if subparagraph (a)(vi) applies—the office or position concerned; or
 (g) if subparagraph (a)(vii) applies—the function or role concerned.