5Interpretation

#### 5 Interpretation 5 Interpretation > > (1) In this Act— > > > > 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. > > > > consent includes consent that can reasonably be inferred from the conduct of the person concerned, but does not include consent given subject to conditions unless the conditions are complied with. > > > > data includes the whole or part of a computer program within the meaning of the [Copyright Act 1968](http://www.legislation.gov.au/) of the Commonwealth. > > > > 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 or unguided electromagnetic energy, or both, or > > > > > (b) a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system. > > > > information means information in the form of data, text, images or sound. > > > > information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications. > > > > information technology requirements includes software requirements. > > > > law of this jurisdiction means any law in force in this jurisdiction, whether written or unwritten, but does not include a law of the Commonwealth. > > > > 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. > > > > this jurisdiction means New South Wales. > > > > 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) Notes in the text of this Act do not form part of this Act. > > **s 5:** Am 2010 No 68, Sch 1 \[2\] \[3\].