Document ID: chunk:federal_register_of_legislation:C2021C00356:section:4:p2
Version: federal_register_of_legislation:C2021C00356
Segment Type: section
Provision Reference: s 4 (pt 2/4)
Character Range: 13392–16079

the regulations that is declared to be a civil penalty provision in accordance with paragraph 44(2)(c).
consent, when used in relation to the making of a telemarketing call or the sending of a marketing fax, has the meaning given by Schedule 2.
contracted service provider means the person (if any) who keeps the Do Not Call Register as mentioned in paragraph 13(1)(b).
data processing device has the same meaning as in the Telecommunications Act 1997.
dealing with:
 (a) when used in relation to a telemarketing call—includes retrieving the call from a voicemail system or similar system; or
 (b) when used in relation to a marketing fax—includes:
 (i) printing the fax; and
 (ii) retrieving the fax from a device or a computer system.
designated marketing fax has the meaning given by Schedule 1A.
designated telemarketing call has the meaning given by Schedule 1.
director includes a member of the governing body of an organisation.
Do Not Call Register means the register kept under section 13.
educational institution includes:
 (a) a pre‑school; and
 (b) a school; and
 (c) a college; and
 (d) a university.
eligible Territory means:
 (a) the Territory of Christmas Island; or
 (b) the Territory of Cocos (Keeling) Islands; or
 (c) an external Territory prescribed for the purposes of section 8.
emergency service number has the same meaning as in the Telecommunications Act 1997.
employee:
 (a) when used in clause 4 of Schedule 1—has a meaning affected by clause 7 of Schedule 1; or
 (b) when used in clause 4 of Schedule 1A—has a meaning affected by clause 7 of Schedule 1A.
employer:
 (a) when used in clause 4 of Schedule 1—has a meaning affected by clause 7 of Schedule 1; or
 (b) when used in clause 4 of Schedule 1A—has a meaning affected by clause 7 of Schedule 1A.
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
fax has a meaning affected by section 5A.
Federal Court means the Federal Court of Australia.
give effect to, in relation to a contract, arrangement or understanding, includes do an act or thing:
 (a) in pursuance of; or
 (b) in accordance with;
the contract, arrangement or understanding.
goods has the same meaning as in the Competition and Consumer Act 2010.
government body means:
 (a) a department of the Commonwealth, a State or a Territory; or
 (b) an agency, authority or instrumentality of the Commonwealth, a State or a Territory; or
 (c) a department of the government of a foreign country; or
 (d) an agency, authority or instrumentality of the government of a foreign country; or
 (e) a department of the government