4Definitions

#### 4 Definitions In this Act: > 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. > agency includes: (a) an armed force; and (b) a police force. > Australia means the Commonwealth of Australia and, when used in a geographical sense, includes the eligible Territories, but does not include any other external Territory. > Australian number means a number that is: (a) specified in: (i) the numbering scheme referred to in section 454A of the Telecommunications Act 1997; or (ii) the numbering plan referred to in section 455 of that Act; and (b) for use in connection with the supply of carriage services to the public in Australia, within the meaning of subsection 456(2) of that Act. > authorise: (a) when used in relation to the making of a telemarketing call—has a meaning affected by clause 6 of Schedule 1; or (b) when used in relation to the sending of a marketing fax—has a meaning affected by clause 6 of Schedule 1A. > authorised officer means: (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. > business number means an Australian number other than a number that is used, or maintained, exclusively or primarily for private or domestic purposes. > 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: (a) when used in relation to the making of a telemarketing call—has a meaning affected by subsection 11(9); or (b) when used in relation to the sending of a marketing fax—has a meaning affected by subsection 12B(10). > 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); (da) subsection 12B(1); (db) subsection 12B(8); (dc) subsection 12C(1); (dd) subsection 12C(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 or the sending of a marketing fax, 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: (a) when used in relation to a telemarketing call—includes retrieving the call from a voicemail system or similar system; or (b) when used in relation to a marketing fax—includes: (i) printing the fax; and (ii) retrieving the fax from a device or a computer system. > designated marketing fax has the meaning given by Schedule 1A. > 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. > eligible Territory means: (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. > emergency service number has the same meaning as in the Telecommunications Act 1997. > employee: (a) when used in clause 4 of Schedule 1—has a meaning affected by clause 7 of Schedule 1; or (b) when used in clause 4 of Schedule 1A—has a meaning affected by clause 7 of Schedule 1A. > employer: (a) when used in clause 4 of Schedule 1—has a meaning affected by clause 7 of Schedule 1; or (b) when used in clause 4 of Schedule 1A—has a meaning affected by clause 7 of Schedule 1A. > 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. > fax has a meaning affected by section 5A. > Federal Court means the Federal Court of Australia. > give effect to, in relation to a contract, arrangement or understanding, includes do an act or thing: (a) in pursuance of; or (b) in accordance with; the contract, arrangement or understanding. > 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, 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. > marketing fax has the meaning given by section 5B. > mistake means reasonable mistake of fact. > nominee has the meaning given by section 39. > organisation includes: (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: Subsection 2C(1) of the Acts Interpretation Act 1901 provides that person includes a body politic or corporate as well as an individual. > person includes a partnership. > Note: For treatment of partnerships, see section 585 of the Telecommunications Act 1997. > publish includes: (a) publish on the internet; and (b) publish to the public or a section of the public. > registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act. > 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 account‑holder, in relation to an Australian number, means: (a) if an individual or organisation is solely responsible for the relevant account—the individual or organisation; or (b) if 2 or more individuals and/or organisations are jointly responsible for the relevant account—any of those individuals or organisations. > send includes attempt to send. > services has the same meaning as in the Competition and Consumer Act 2010. > supply: (a) when used in relation to goods or services—has the same meaning as in the Competition and Consumer Act 2010; 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. > voice call means: (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.