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Do Not Call Register Act 2006
In force
Administered by
Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
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C2014C00067 C09
01 March 2014
-
23 June 2014
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Table of contents
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Part 1—Introduction
1 Short title
2 Commencement
3 Simplified outline
4 Definitions
5 Telemarketing calls
5A Faxes
5B Marketing faxes
6 Continuity of partnerships
7 Crown to be bound
8 Extension to external Territories
9 Extra-territorial application
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Part 2—Rules about making telemarketing calls
10 Simplified outline
11 Unsolicited telemarketing calls must not be made to a number registered on the Do Not Call Register
12 Agreements for the making of telemarketing calls must require compliance with this Act
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Part 2A—Rules about sending marketing faxes
12A Simplified outline
12B Unsolicited marketing faxes must not be sent to a number registered on the Do Not Call Register
12C Agreements for the sending of marketing faxes must require compliance with this Act
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Part 3—Do Not Call Register
13 Do Not Call Register
14 Eligibility for registration
15 Applications for registration
16 Registration
17 Duration of registration
18 Administration of the Do Not Call Register—determinations
19 Access to the Do Not Call Register
20 Access—determinations
21 Access—fees
22 Application of the Privacy Act 1988 to the contracted service provider
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Part 4—Civil penalties
23 Simplified outline
24 Civil penalty orders
25 Maximum penalties for contravention of civil penalty provisions
26 2 or more proceedings may be heard together
27 Time limit for application for an order
28 Civil evidence and procedure rules for civil penalty orders
29 Criminal proceedings not to be brought for contravention of civil penalty provisions
30 Ancillary orders—compensation
31 Ancillary orders—recovery of financial benefit
32 Schedule 3 (infringement notices)
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Part 5—Injunctions
33 Simplified outline
34 Injunctions
35 Interim injunctions
36 Discharge etc. of injunctions
37 Certain limits on granting injunctions not to apply
38 Other powers of the Federal Court or the Federal Circuit Court unaffected
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Part 6—Miscellaneous
39 Nominees
40 Formal warnings—breach of civil penalty provision
41 Additional ACMA functions
42 Operation of State and Territory laws
43 Implied freedom of political communication
44 Giving effect to international conventions
45 Review of operation of Act
46 Regulations
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Schedule 1—Designated telemarketing calls
1 Object
2 Government bodies and charities
3 Political parties, independent members of parliament, candidates etc.
4 Educational institutions
5 Regulations
6 Authorising the making of telemarketing calls
7 Extended meaning of employee and employer
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Schedule 1A—Designated marketing faxes
1 Object
2 Government bodies and charities
3 Political parties, independent members of parliament, candidates etc.
4 Educational institutions
5 Regulations
6 Authorising the sending of marketing faxes
7 Extended meaning of employee and employer
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Schedule 2—Consent
1 Object
2 Basic definition
3 Duration of express consent
4 Consent may not be inferred from the publication of an Australian number
5 Regulations about consent
7 Determinations about consent—marketing faxes sent to business numbers
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Schedule 3—Infringement notices
1 Object
2 When an infringement notice can be given
3 Matters to be included in an infringement notice
4 Amount of penalty
5 Withdrawal of an infringement notice
6 What happens if the penalty is paid
7 Effect of this Schedule on civil proceedings
8 Appointment of authorised officer
9 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]