Clause 17

by deleting subsections (1) and (2) and substituting the following subsections:“(1) Subject to subsection (5), for the purposes of this Part, a specified message is a message where, having regard to the following, it would be concluded that the purpose, or one of the purposes, of the message is an applicable purpose:

the content of the message;

the presentational aspects of the message;

the content that can be obtained using the numbers, URLs or contact information (if any) mentioned in the message;

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.(2) For the purposes of subsection (1), where the applicable purpose relates to offering, supplying, advertising or promoting any goods, service, land, interest in land, business opportunity or investment opportunity, it does not matter whether or not —

the goods, service, land, interest or opportunity exists; or

it is lawful to acquire the goods, service, land or interest or take up the opportunity.”; and

by inserting, immediately after subsection (5), the following subsection:“(6) In this section, “applicable purpose” means a purpose specified in the Tenth Schedule.”.