Document ID: chunk:federal_register_of_legislation:C2021C00356:section:5
Version: federal_register_of_legislation:C2021C00356
Segment Type: section
Provision Reference: s 5
Character Range: 19185–21458

5  Telemarketing calls

Basic definition
 (1) For the purposes of this Act, a telemarketing call is a voice call to an Australian number, where, having regard to:
 (a) the content of the call; and
 (b) the presentational aspects of the call; and
 (c) the content that can be obtained using the numbers, URLs or contact information (if any) mentioned in the call; and
 (d) if the number from which the call is made is disclosed to the recipient (whether by calling line identification or otherwise)—the content (if any) that can be obtained by calling that number;
it would be concluded that the purpose, or one of the purposes, of the call is:
 (e) to offer to supply goods or services; or
 (f) to advertise or promote goods or services; or
 (g) to advertise or promote a supplier, or prospective supplier, of goods or services; or
 (h) to offer to supply land or an interest in land; or
 (i) to advertise or promote land or an interest in land; or
 (j) to advertise or promote a supplier, or prospective supplier, of land or an interest in land; or
 (k) to offer to provide a business opportunity or investment opportunity; or
 (l) to advertise or promote a business opportunity or investment opportunity; or
 (m) to advertise or promote a provider, or prospective provider, of a business opportunity or investment opportunity; or
 (n) to solicit donations; or
 (o) a purpose specified in the regulations.
 (2) For the purposes of paragraphs (1)(e) to (m), it is immaterial whether the goods, services, land, interest or opportunity exists.
 (3) For the purposes of paragraphs (1)(e) to (m), 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)(g) or (j);
 (b) the provider or prospective provider mentioned in paragraph (1)(m);
may be the individual or organisation who made the call or authorised the making of the call.
 (5) Paragraphs (1)(e) to (o) are to be read independently of each other.
 (6) Subsection (1) has effect subject to subsection (7).

Excluded calls—regulations
 (7) The regulations may provide that a specified kind of voice call is not a telemarketing call for the purposes of this Act.