Document ID: chunk:federal_register_of_legislation:C2004A02864:body:0:p2
Version: federal_register_of_legislation:C2004A02864
Segment Type: other
Provision Reference: 
Character Range: 2483–5431

of the Commission and the lodging of the article (on behalf of the person using the service) for transmission by post to another place.
"(3) In this section, 'article transmissible by courier service' means an article transmissible by post and any other article that, under the By-laws, is transmissible by courier service.

Electronic mail
"10a. (1) The Commission may operate electronic mail services, being services for the transmission of information—
     (a) in part by means of electromagnetic energy; and
     (b) in part by means of any one or more of the following:
         (i) accepting delivery of or collecting;
         (ii) carrying or conveying;
         (iii) delivering or making available for collection,
     a document containing that information.
"(2) Subject to sub-section (5), the Commission may operate electronic mail services, being services for the transmission of information solely by means of electromagnetic energy, if—
     (a) in the case of a transmission of information solely within Australia—it has obtained the consent of the Australian Telecommunications Commission; or
     (b) in the case of a transmission of information that originates from, or has as its final destination, a person or body in a foreign country—it has obtained the consent of the Overseas Telecommunications Commission (Australia).
"(3) For the purposes of sub-section (2), a consent may be given in respect of a specified transmission or a specified class of transmissions.
"(4) In conjunction with the operation of electronic mail services, the Commission may—
     (a) enhance, sort or modify the presentation or addressing of the information; and
     (b) transfer to a document or documents the information transmitted by electromagnetic energy, and make such preparation of the document or documents for delivery as it thinks fit.
"(5) The Commission shall not operate an electronic mail service in which information is transmitted between Australia and a foreign country by means of electromagnetic energy unless the person or body in the foreign country to whom or from whom the transmission takes place is a prescribed user.
"(6) No action for defamation (whether civil or criminal), breach of confidence or infringement of copyright lies against the Commission, an officer or an employee in respect of anything done in accordance with this section.
"(7) The transmission of information to a person in accordance with this section shall not be taken, for the purposes of the law relating to defamation, breach of confidence or copyright, to constitute an authorization or approval of anything done in respect of that information by that person.

"(8) In this section—
     'document' includes—
         (a) a book, plan, paper, parchment or other material on which there is writing or printing, or on which there are marks, symbols or perforations having a meaning for persons qualified to interpret them; and
         (b) a