DO NOT CALL REGISTER ACT 2006 - SECT 5B Marketing faxes

DO NOT CALL REGISTER ACT 2006 - SECT 5B

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.