Unsolicited Electronic Messages Act 2007

6 Meaning of commercial electronic message

For the purposes of this Act, commercial electronic message

(a)

means an electronic message that—

(i)

markets or promotes—

(A)

goods; or

(B)

services; or

(C)

land; or

(D)

an interest in land; or

(E)

a business or investment opportunity; or

(ii)

assists or enables a person to obtain dishonestly a financial advantage or gain from another person; or

(iii)

provides a link, or directs a recipient, to a message that does 1 or more of the things listed in subparagraphs (i) and (ii); but

(b)

does not include an electronic message that—

(i)

provides a quote or estimate for the supply of goods or services if that quote or estimate was requested by the recipient; or

(ii)

facilitates, completes, or confirms a commercial transaction that the recipient previously agreed to enter into with the person who authorised the sending of the message; or

(iii)

provides warranty information, product recall information, or safety or security information about goods or services used or purchased by the recipient; or

(iv)

provides notification of factual information about a subscription, membership, account, loan, or similar relationship involving the ongoing purchase or use by the recipient of goods or services offered by the person who authorised the sending of the message, or the recipient’s ongoing subscription, membership, account, loan, or similar relationship; or

(v)

provides information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating, or enrolled; or

(vi)

delivers goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously entered into with the person who authorised the sending of the message; or

(vii)

provides the recipient with information about goods or services offered or supplied by—

(A)

a government body; or

(B)

a court or tribunal; or

(viii)

has any other purpose set out in the regulations.

Compare: Spam Act 2003 s 6 (Aust)