5Definitions

#### 5 Definitions (1) In this Act, unless the contrary intention appears: > addressee of an electronic communication means a person who is intended by the originator to receive the electronic communication, but does not include a person acting as an intermediary with respect to the electronic communication. > automated message system means a computer program or an electronic or other automated means used to initiate an action or respond to data messages in whole or in part, without review or intervention by a natural person each time an action is initiated or a response is generated by the system. > Commonwealth entity means: (a) a Minister; or (b) an officer or employee of the Commonwealth; or (c) a person who holds or performs the duties of an office under a law of the Commonwealth; or (d) an authority of the Commonwealth; or (e) an employee of an authority of the Commonwealth. > consent includes consent that can reasonably be inferred from the conduct of the person concerned. > data includes the whole or part of a computer program within the meaning of the Copyright Act 1968. > data storage device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device. > electronic communication means: (a) a communication of information in the form of data, text or images by means of guided and/or unguided electromagnetic energy; or (b) a communication of information in the form of speech by means of guided and/or unguided electromagnetic energy, where the speech is processed at its destination by an automated voice recognition system. > information means information in the form of data, text, images or speech. > information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications. > information technology requirements includes software requirements. > non‑profit body means a body that is not carried on for the purposes of profit or gain to its individual members and is, by the terms of the body’s constitution, prohibited from making any distribution, whether in money, property or otherwise, to its members. > originator of an electronic communication means a person by whom, or on whose behalf, the electronic communication has been sent or generated before storage, if any, but does not include a person acting as an intermediary with respect to the electronic communication. > performance of a contract includes non‑performance of the contract. > place of business means: (a) in relation to a person, other than an entity referred to in paragraph (b)—a place where the person maintains a non‑transitory establishment to pursue an economic activity other than the temporary provision of goods or services out of a specific location; or (b) in relation to a government, an authority of a government or a non‑profit body—a place where any operations or activities are carried out by that government, authority or body. > transaction includes: (a) any transaction in the nature of a contract, agreement or other arrangement; and (b) any statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract, agreement or other arrangement; and (c) any transaction of a non‑commercial nature. (2) Before 1 July 2001, in this Act (other than this section): > law of the Commonwealth means a law of the Commonwealth specified in the regulations.