Document ID: chunk:federal_register_of_legislation:F2021L01206:reg:5:p1
Version: federal_register_of_legislation:F2021L01206
Segment Type: reg
Provision Reference: reg 5 (pt 1/2)
Character Range: 1425–4509

5  Definitions
In this instrument:
ACMA means the Australian Communications and Media Authority.

       Act means the Telecommunications Act 1997.

       Australian number has the meaning given by section 4 of the Do Not Call Register Act 2006.

       consent has the same meaning as in Schedule 2 to the Do Not Call Register Act 2006.

       fax means a marketing fax.
       fax advertiser means a participant in a section of the fax marketing industry that authorises the sending of a marketing fax for at least one of the following purposes:
          (a)      marketing, advertising or promoting goods or services, where the participant is the supplier or prospective supplier of the goods or services;
          (b)      advertising or promoting a supplier or prospective supplier of goods or services, where the participant is the supplier or prospective supplier of the goods or services;
          (c)      marketing, advertising, or promoting land or interests in land, where the participant is the supplier or prospective supplier of the land or interests in land;
          (d)      advertising or promoting a supplier or prospective supplier of land or interests in land, where the participant is the supplier or prospective supplier of the land or interests in land;
          (e)      marketing, advertising, or promoting business opportunities or investment opportunities, where the participant is the provider, or prospective provider, of the business opportunities or investment opportunities;
          (f)       advertising or promoting a provider, or prospective provider, of business opportunities or investment opportunities, where the participant is the provider or prospective provider of the business opportunities or investment opportunities;
          (g)      soliciting donations;
          (h)      conducting opinion polling; or
          (i)       carrying out standard questionnaire-based research.
           Note  For example, if an entity seeks to promote a new product it has created and authorises another entity to send, or cause to be sent, marketing faxes promoting its new product, the first entity will be the fax advertiser.  If an entity seeks to promote a new product it has created and sends a marketing fax promoting its own new product, the entity will be taken to be both the sender and the fax advertiser for the relevant marketing fax.

       fax recipient means a person who receives a fax from a sender, whether or not the fax recipient is a relevant account holder.
       foreign company has the meaning given by section 9 of the Corporations Act 2001.
       nominee has the meaning given by section 39 of the Do Not Call Register Act 2006.
       number means an Australian number.
       opt-out address means:
           (a)           a fax number to which an opt-out message may be sent; and
           (b)           at least one of the following:
             (i)       a local or toll-free phone number through which the fax recipient may leave an opt-out message;
             (ii)     an email address to which an