Commonwealth Numbered Acts Commonwealth Numbered ActsIn this Act:
(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 Trade Practices Act 1974 .
(a) an armed force; and
(b) a police force.
"Australia" , when used in a geographical sense, includes the eligible Territories.
"Australian number" means a number that is:
(a) specified in the numbering plan referred to in section 455 of the Telecommunications Act 1997 ; and
(b) for use in connection with the supply of carriage services to the public in Australia (within the meaning of that section).
"authorise" , when used in relation to the making of a telemarketing call, has a meaning affected by clause 6 of Schedule 1.
(a) the Chair of the ACMA; or
(b) a member of the staff of the ACMA appointed under clause 8 of Schedule 3.
"business" includes a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis.
"candidate" means a person who has been nominated as a candidate under:
(a) the Commonwealth Electoral Act 1918 ; or
(b) a law of a State or Territory that deals with electoral matters.
"carriage service" has the same meaning as in the Telecommunications Act 1997 .
"cause" has a meaning affected by subsection 11(9).
"civil contravention" means a contravention of a civil penalty provision.
"civil penalty order" means an order under subsection 24(1).
"civil penalty provision" means any of the following provisions:
(a) subsection 11(1);
(b) subsection 11(7);
(c) subsection 12(1);
(d) subsection 12(2);
(e) a provision of the regulations that is declared to be a civil penalty provision in accordance with paragraph 44(2)(c).
"consent" , when used in relation to the making of a telemarketing call, has the meaning given by Schedule 2.
"contracted service provider" means the person (if any) who keeps the Do Not Call Register as mentioned in paragraph 13(1)(b).
"data processing device" has the same meaning as in the Telecommunications Act 1997 .
"dealing with" , in relation to a telemarketing call, includes retrieving the call from a voicemail system or similar system.
"designated telemarketing call" has the meaning given by Schedule 1.
"director" includes a member of the governing body of an organisation.
"Do Not Call Register" means the register kept under section 13.
"educational institution" includes:
(a) a pre‑school; and
(b) a school; and
(c) a college; and
(d) a university.
(a) the Territory of Christmas Island; or
(b) the Territory of Cocos (Keeling) Islands; or
(c) an external Territory prescribed for the purposes of section 8.
"employee" has a meaning affected by clause 7 of Schedule 1.
"employer" has a meaning affected by clause 7 of Schedule 1.
"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 Trade Practices Act 1974 .
(a) a department of the Commonwealth, a State or a Territory; or
(b) an agency, authority or instrumentality of the Commonwealth, a State or a Territory; or
(c) a department of the government of a foreign country; or
(d) an agency, authority or instrumentality of the government of a foreign country; or
(e) a department of the government of a part of a foreign country; or
(f) an agency, authority or instrumentality of the government of a part of a foreign country.
"infringement notice" means an infringement notice under clause 2 of Schedule 3.
"international convention" means:
(a) a convention to which Australia is a party; or
(b) an agreement between Australia and a foreign country.
"investment" means any mode of application of money or other property for the purpose of gaining a return (whether by way of income, capital gain or any other form of return).
"make" includes attempt to make.
"mistake" means reasonable mistake of fact.
"nominee" has the meaning given by section 39.
(a) a body corporate; and
(b) a partnership; and
(c) a government body; and
(d) a court or tribunal; and
(e) an unincorporated body or association.
Express references in this Act to organisations do not imply that references in this Act to persons do not include bodies politic or corporate.
Note: Paragraph 22(1)(a) of the Acts Interpretation Act 1901 provides that person includes a body politic or corporate as well as an individual.
"penalty unit" has the meaning given by section 4AA of the Crimes Act 1914 .
"person" includes a partnership.
Note: For treatment of partnerships, see section 585 of the Telecommunications Act 1997 .
(a) publish on the Internet; and
(b) publish to the public or a section of the public.
"registered political party" means a political party, or a branch or division of a political party, that is registered under:
(a) the Commonwealth Electoral Act 1918 ; or
(b) a law of a State or Territory that deals with electoral matters.
"relevant telephone account-holder" , in relation to a telephone number, means:
(a) if an individual or organisation is solely responsible for the relevant telephone account—the individual or organisation; or
(b) if 2 or more individuals and/or organisations are jointly responsible for the relevant telephone account—any of those individuals or organisations.
"services" has the same meaning as in the Trade Practices Act 1974 .
(a) when used in relation to goods or services—has the same meaning as in the Trade Practices Act 1974 ; or
(b) when used in relation to land—includes transfer; or
(c) when used in relation to an interest in land—includes transfer or create.
"telemarketing call" has the meaning given by section 5.
(a) a voice call within the ordinary meaning of that expression; or
(b) a call that involves a recorded or synthetic voice; or
(c) if a call covered by paragraph (a) or (b) is not practical for a particular recipient with a disability (for example, because the recipient has a hearing impairment)—a call that is equivalent to a call covered by either of those paragraphs;
whether or not the recipient responds by way of pressing buttons on a telephone handset or similar thing.