Document ID: chunk:federal_register_of_legislation:F2021L01206:reg:8
Version: federal_register_of_legislation:F2021L01206
Segment Type: reg
Provision Reference: reg 8
Character Range: 6419–8415

8  Prohibited times for the sending of faxes

           (1)           Subject to subsection (3), a sender must not send a fax on:
             (a)      a weekday before 9am; or
             (b)      a weekday after 8pm; or
             (c)      a Saturday before 9am; or
             (d)      a Saturday after 5pm; or
             (e)      a Sunday.
           (2)           In addition to the limitations imposed by subsection (1), and subject to subsection (3), a sender must not send a fax at any time on:

             (a)      New Year's Day;
             (b)      Australia Day;
             (c)      Good Friday;
             (d)      Easter Monday;
             (e)      Anzac Day;
             (f)       Christmas Day;
             (g)      Boxing Day;
             (h)      a holiday on a weekday given in lieu of a public holiday mentioned in paragraphs (a) to (g).
       Example
       If Christmas Day falls on a Saturday, the sending of faxes would be prohibited on the whole of Christmas Day.  Faxes would also be prohibited on any other day that is a public holiday in lieu of Christmas Day.

       Exception where consent has been given in advance

           (3)           Subsections (1) and (2) do not apply to the sending of a fax if:
             (a)      either:
                (i)       the relevant account holder; or
                (ii)     a nominee of the relevant account holder;
           has consented in advance to receiving a fax on a day or at a time referred to in those subsections; and
             (b)      the sender sends the fax on the day, or at the time to which the consent applies; and
             (c)      if required by the ACMA, the sender demonstrates, to the satisfaction of the ACMA, the existence of all the matters mentioned in paragraphs (a) and (b).
           (4)           In this section a reference to a time of day, or a day, is to the time of day, or day, at the place that is the usual address of the relevant account holder.