Document ID: chunk:federal_register_of_legislation:C2016C00614:section:4:p1
Version: federal_register_of_legislation:C2016C00614
Segment Type: section
Provision Reference: s 4 (pt 1/3)
Character Range: 9370–12243

4  Definitions
  In this Act, unless the contrary intention appears:
account includes:
 (a) a free account; and
 (b) a pre‑paid account; and
 (c) anything that may reasonably be regarded as the equivalent of an account.
ACMA means the Australian Communications and Media Authority.
acquire, when used in relation to goods or services, has the same meaning as in the Competition and Consumer Act 2010.
address‑harvesting software means software that is specifically designed or marketed for use for:
 (a) searching the internet for electronic addresses; and
 (b) collecting, compiling, capturing or otherwise harvesting those electronic addresses.
agency includes:
 (a) an armed force; and
 (b) a police force.
Australia, when used in a geographical sense, includes the external Territories.
Australian link has the meaning given by section 7.
authorise, when used in relation to the sending of an electronic message, has a meaning affected by section 8.
business includes a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis.
carriage service has the same meaning as in the Telecommunications Act 1997.
civil penalty provision means any of the following provisions:
 (a) subsections 16(1), (6) and (9);
 (b) subsections 17(1) and (5);
 (c) subsections 18(1) and (6);
 (d) subsections 20(1) and (5);
 (e) subsections 21(1) and (3);
 (f) subsections 22(1) and (3);
 (g) a provision of the regulations that is declared to be a civil penalty provision in accordance with paragraph 45(2)(c).
commercial electronic message has the meaning given by section 6.
consent, when used in relation to the sending of an electronic message, has the meaning given by Schedule 2.
data processing device has the same meaning as in the Telecommunications Act 1997.
dealing with, when used in relation to a commercial electronic message, includes:
 (a) accessing the message; and
 (b) responding to the message; and
 (c) filtering the message.
designated commercial electronic message has the meaning given by Schedule 1.
director includes a member of the governing body of an organisation.
educational institution includes:
 (a) a pre‑school; and
 (b) a school; and
 (c) a college; and
 (d) a university.
electronic message has the meaning given by section 5.
employee includes an individual who is in the service of an armed force, a police force or a religious organisation.
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.
Federal Court means the Federal Court of Australia.
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,