Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 108A

  (1)   For the purposes of this Part, if a person supplies, or proposes to supply, an electronic messaging service to the public, the person is an electronic messaging service provider .

  (2)   For the purposes of subsection   (1), a service is supplied to the public if, and only if, at least one end - user of the service is outside the immediate circle of the supplier of the service.

  (3)   In this section:

"electronic message" has the same meaning as in the Spam Act 2003 .

"electronic messaging service" means a service that enables any or all of the following electronic messages to be sent or received:

  (a)   web - based email;

  (b)   instant messages;

  (c)   text messages;

  (d)   messages of a kind specified in the regulations.

"message" has the same meaning as in the Spam Act 2003 .