CTHIn ForceAct
Spam Act 2003
7Australian link
Start here
Get a plain-English read of 7
Turn the raw legal text into a practical explanation grounded in Spam Act 2003.
#### 7 Australian link
For the purposes of this Act, a commercial electronic message has an Australian link if, and only if:
(a) the message originates in Australia; or
(b) the individual or organisation who sent the message, or authorised the sending of the message, is:
(i) an individual who is physically present in Australia when the message is sent; or
(ii) an organisation whose central management and control is in Australia when the message is sent; or
(c) the computer, server or device that is used to access the message is located in Australia; or
(d) the relevant electronic account‑holder is:
(i) an individual who is physically present in Australia when the message is accessed; or
(ii) an organisation that carries on business or activities in Australia when the message is accessed; or
(e) if the message cannot be delivered because the relevant electronic address does not exist—assuming that the electronic address existed, it is reasonably likely that the message would have been accessed using a computer, server or device located in Australia.