37.

Meaning of “specified message”

(1) Subject to subsection (5), for the purposes of this Part, a specified message is a message, where, having regard to —
(a) the content of the message;
(b) the presentational aspects of the message;
(c) the content that can be obtained using the numbers, URLs or contact information (if any) mentioned in the message; and
(d) if the telephone number from which the message is made is disclosed to the recipient (whether by calling line identity or otherwise), the content (if any) that can be obtained by calling that number,
it would be concluded that the purpose, or one of the purposes, of the message is —
(i) to offer to supply goods or services;
(ii) to advertise or promote goods or services;
(iii) to advertise or promote a supplier, or prospective supplier, of goods or services;
(iv) to offer to supply land or an interest in land;
(v) to advertise or promote land or an interest in land;
(vi) to advertise or promote a supplier, or prospective supplier, of land or an interest in land;
(vii) to offer to provide a business opportunity or an investment opportunity;
(viii) to advertise or promote a business opportunity or an investment opportunity;
(ix) to advertise or promote a provider, or prospective provider, of a business opportunity or an investment opportunity; or
(x) any other prescribed purpose related to obtaining or providing information.
(2) For the purposes of subsection (1)(i) to (x), it is immaterial whether —
(a) the goods, services, land, interest or opportunity exist; or
(b) it is lawful to acquire the goods, services, land or interest or take up the opportunity.
(3) Subject to subsection (4), a person who authorises another person to offer, advertise or promote the first person’s goods, services, land, interest or opportunity shall be deemed to have authorised the sending of any message sent by the second person that offers, advertises or promotes that first person’s goods, services, land, interest or opportunity.
(4) For the purposes of subsection (3), a person who takes reasonable steps to stop the sending of any message referred to in that subsection shall be deemed not to have authorised the sending of the message.
(5) For the purposes of this Part, a specified message shall not include any message referred to in the Eighth Schedule.