(1)
For the purposes of this Act, an electronic message is a message sent—
using a telecommunications service; and
to an electronic address.
(2)
However, the messages listed in clause 1 of the Schedule are not electronic messages.
(3)
For the purposes of subsection (1), it is immaterial whether—
the electronic address exists; or
the message reaches its intended destination.
Compare: Spam Act 2003 s 5 (Aust)