Document ID: chunk:federal_register_of_legislation:C2010A00046:clause:1_5b
Version: federal_register_of_legislation:C2010A00046
Segment Type: clause
Provision Reference: sch 1 cl 5B
Character Range: 6945–8990

5B  Marketing faxes

Basic definition
 (1) For the purposes of this Act, a marketing fax is a fax sent to an Australian number, where, having regard to:
 (a) the content of the fax; and
 (b) the presentational aspects of the fax; and
 (c) the content that can be obtained using the numbers, URLs or contact information (if any) mentioned in the fax;
it would be concluded that the purpose, or one of the purposes, of the fax is:
 (d) to offer to supply goods or services; or
 (e) to advertise or promote goods or services; or
 (f) to advertise or promote a supplier, or prospective supplier, of goods or services; or
 (g) to offer to supply land or an interest in land; or
 (h) to advertise or promote land or an interest in land; or
 (i) to advertise or promote a supplier, or prospective supplier, of land or an interest in land; or
 (j) to offer to provide a business opportunity or investment opportunity; or
 (k) to advertise or promote a business opportunity or investment opportunity; or
 (l) to advertise or promote a provider, or prospective provider, of a business opportunity or investment opportunity; or
 (m) to solicit donations; or
 (n) a purpose specified in the regulations.
 (2) For the purposes of paragraphs (1)(d) to (l), it is immaterial whether the goods, services, land, interest or opportunity exists.
 (3) For the purposes of paragraphs (1)(d) to (l), it is immaterial whether it is lawful to acquire the goods, services, land or interest or take up the opportunity.
 (4) Either of the following:
 (a) the supplier or prospective supplier mentioned in paragraph (1)(f) or (i);
 (b) the provider or prospective provider mentioned in paragraph (1)(l);
may be the individual or organisation who sent the fax or authorised the sending of the fax.
 (5) Paragraphs (1)(d) to (n) are to be read independently of each other.
 (6) Subsection (1) has effect subject to subsection (7).

Excluded faxes—regulations
 (7) The regulations may provide that a specified kind of fax is not a marketing fax for the purposes of this Act.