means of an automated calling system except in
the circumstances specified in subsection (2).
(2) The circumstances referred to subsection (1)
are where the called line is that of a subscriber
who has previously notified the caller that for the
time being he or she consents to those
communications being sent by, or at the instigation
of, the caller on that line.
(3) A subscriber shall not permit his or her line to
be used in contravention of subsection (1).
(4) For the purposes of this Act, an automated
calling system is a system which is capable of
(a) automatically initiating a sequence of calls
to more than one destination in accordance
with instructions stored in that system; and
(b) transmitting sounds which are not live
speech for reception by persons at some or
all of the destinations so called.
Use of facsimile
machines for
direct marketing
purposes
157. (1) A person shall not transmit, or instigate the
transmission of, unsolicited communications for
direct marketing purposes by means of a facsimile
machine where the called line is that of
(a) an individual subscriber, except in the
circumstances specified in subsection (2);
(b) a corporate subscriber who has previously
notified the caller that such communications
should not be sent on that line; or
(c) a subscriber and the number allocated to
that line is listed in the register kept under
this Act.
(2) The circumstances referred to in subsection
(1)(a) are that the individual subscriber has
previously notified the caller that he or she
consents for the time being to those
communications being sent by, or at the instigation
150