Document ID: chunk:federal_register_of_legislation:C2015A00038:clause:2_5
Version: federal_register_of_legislation:C2015A00038
Segment Type: clause
Provision Reference: sch 2 cl 5
Character Range: 118235–119221

5  At the end of section 57B
Add:
 (2) For the purposes of this Act, a telephone sex service is a commercial service supplied using a standard telephone service, where:
 (a) the supply is by way of a voice call made using the standard telephone service; and
 (b) having regard to:
 (i) the way in which the service is advertised or promoted; and
 (ii) the content of the service;
it would be concluded that a majority of persons who call the service are likely to do so with the sole or principal object of deriving sexual gratification from the call.
 (3) However, a service is not a telephone sex service if it is a therapeutic or counselling service provided by a person registered or licensed as a medical practitioner, or as a psychologist, under a law of a State or Territory.
 (4) An expression used in subsection (2) that is also used in the Telecommunications (Consumer Protection and Service Standards) Act 1999 has the same meaning in that subsection as it has in that Act.