Document ID: chunk:federal_register_of_legislation:C2010A00046:clause:1a_3:p1
Version: federal_register_of_legislation:C2010A00046
Segment Type: clause
Provision Reference: sch 1A cl 3 (pt 1/2)
Character Range: 21292–23906

3  Political parties, independent members of parliament, candidates etc.

Political parties
 (1) For the purposes of this Act, a marketing fax is a designated marketing fax if:
 (a) the sending of the fax is authorised by a registered political party; and
 (b) having regard to:
 (i) the content of the fax; and
 (ii) the presentational aspects of the fax;
  it would be concluded that the purpose, or one of the purposes, of the fax is:
 (iii) to conduct fund‑raising for electoral purposes; or
 (iv) to conduct fund‑raising for political purposes; and
 (c) if the fax relates to goods or services—the registered political party is the supplier, or prospective supplier, of the goods or services; and
 (d) the fax is not of a kind specified in the regulations.

Independent members of parliament etc.
 (2) For the purposes of this Act, a marketing fax is a designated marketing fax if:
 (a) the sending of the fax is authorised by a person who is a member of:
 (i) the Parliament of the Commonwealth; or
 (ii) the parliament of a State; or
 (iii) the Legislative Assembly for the Australian Capital Territory; or
 (iv) the Legislative Assembly of the Northern Territory; or
 (v) the Legislative Assembly of Norfolk Island; or
 (vi) a local governing body established by or under a law of a State or a Territory;
  and who is not affiliated with any registered political party; and
 (b) having regard to:
 (i) the content of the fax; and
 (ii) the presentational aspects of the fax;
  it would be concluded that the purpose, or one of the purposes, of the fax is:
 (iii) to conduct fund‑raising for electoral purposes; or
 (iv) to conduct fund‑raising for political purposes; and
 (c) if the fax relates to goods or services—the person is the supplier, or prospective supplier, of the goods or services; and
 (d) the fax is not of a kind specified in the regulations.

Candidates
 (3) For the purposes of this Act, a marketing fax is a designated marketing fax if:
 (a) the sending of the fax is authorised by a person who is a candidate in an election for:
 (i) the House of Representatives; or
 (ii) the Senate; or
 (iii) a house of the parliament of a State; or
 (iv) the Legislative Assembly for the Australian Capital Territory; or
 (v) the Legislative Assembly of the Northern Territory; or
 (vi) the Legislative Assembly of Norfolk Island; or
 (vii) a local governing body established by or under a law of a State or a Territory; and
 (b) having regard to:
 (i) the content of the fax; and
 (ii) the presentational aspects of the fax;
  it would be concluded that the purpose, or one of the purposes, of the