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Do Not Call Register Regulations 2006

Authoritative Version
SLI 2006 No. 335 Regulations as made
These Regulations provide for the establishment of a Do Not Call Register to enable individuals who have an Australian telephone number to register their number and so opt out of receiving unsolicited telemarketing calls (subject to certain exceptions).
Administered by: Communications and the Arts
Made 13 Dec 2006
Registered 15 Dec 2006
Tabled HR 06 Feb 2007
Tabled Senate 06 Feb 2007
Date of repeal 17 Mar 2017
Repealed by

Do Not Call Register Regulations 20061

Select Legislative Instrument 2006 No. 335

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Do Not Call Register Act 2006.

Dated 13 December 2006

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

HELEN COONAN


Contents

                        1     Name of Regulations                                                        2

                        2     Commencement                                                              2

                        3     Definitions                                                                       2

                        4     Calls that are not telemarketing calls                                 2

                        5     Deemed nominees                                                           6

 

 


 

                                                                                          

  

1              Name of Regulations

                These Regulations are the Do Not Call Register Regulations 2006.

2              Commencement

                These Regulations commence as follows:

                 (a)     on the day after these Regulations are registered — regulations 1 to 4;

                (b)     on the day on which Part 2 of the Do Not Call Register Act 2006 commences — regulation 5.

3              Definitions

                In these Regulations:

Act means the Do Not Call Register Act 2006.

Note   The words goods, services and supply are defined in section 4 of the Act, and have the same meanings in these Regulations.

4              Calls that are not telemarketing calls

         (1)   For subsection 5 (7) of the Act, this regulation specifies the kinds of voice calls that are not telemarketing calls.

Product recall calls

         (2)   A voice call is not a telemarketing call if:

                (a)    the primary purpose of the call is to inform a person who has bought or otherwise obtained goods that the goods have been recalled by the manufacturer of the goods; and

               (b)    another purpose of the call is a purpose described in paragraphs 5 (1) (e) to (o) of the Act.

Example

A recall of a particular model of car is necessary due to a widespread mechanical problem. The manufacturer contacts dealers to obtain buyer records and phone buyers. The manufacturer calls the numbers provided by the dealers, and during the conversation, offers alternative goods.

Fault rectification calls

         (3)   A voice call is not a telemarketing call:

                (a)    if the primary purpose of the call is:

                          (i)    to inform a customer of a fault with goods or a service; or

                         (ii)    to attempt to rectify a fault with goods or a service; or

                         (iii)    to inform a customer that the fault with goods or a service has been rectified; and

               (b)    another purpose of the call is a purpose described in paragraphs 5 (1) (e) to (o) of the Act.

Examples

1   A power outage has led to a failure in a broadband service. Continuing attempts by subscribers to access the broadband service are making it difficult for the provider to fix the problem. The provider therefore calls a customer to ask not to try to access the broadband service, and during the conversation the customer seeks information on alternative products.

2   An electricity retailer calls a customer to inform the customer that there is a fault with the customer’s electricity service. During the conversation, the electricity retailer discusses with the customer the financial benefits of bundling other services.

3   After rectifying a fault, a broadband provider rings a customer to tell the customer that the fault has been rectified. During the conversation, the provider offers a discounted product.

Appointment rescheduling calls

         (4)   A voice call is not a telemarketing call if:

                (a)    the primary purpose of the call is to reschedule a customer’s appointment; and

               (b)    another purpose of the call is a purpose described in paragraphs 5 (1) (e) to (o) of the Act.

Example

A dental surgery rings a customer to ask if an appointment might be rescheduled. During the conversation, the customer is offered a discount on the treatment.

Appointment reminder calls

         (5)   A voice call is not a telemarketing call if:

                (a)    the primary purpose of the call is to remind a person of an existing appointment; and

               (b)    another purpose of the call is a purpose described in paragraphs 5 (1) (e) to (o) of the Act.

Example

A hairdressing salon rings a customer to remind the customer of the customer’s appointment. During the conversation, the customer is told about a promotion of a new hair product.

Calls relating to payments

         (6)   A voice call is not a telemarketing call if:

                (a)    the primary purpose of the call relates to payment for goods or services ordered by, requested by or supplied to a customer; and

               (b)    another purpose of the call is a purpose described in paragraphs 5 (1) (e) to (o) of the Act.

Examples

1   A gas retailer rings a customer to ask for payment of the customer’s overdue bill. During the conversation, the gas retailer discusses bundling the customer’s services with the customer.

2   A bank calls a customer who has an overdrawn account. During the conversation, the bank suggests an alternative product.

3   An electricity retailer rings a customer to inform the customer about alternative payment options because the customer is having problems paying a bill.

Solicited calls

         (7)   A voice call is not a telemarketing call if:

                (a)    the call is made in response to:

                          (i)    an order or request by a customer or potential customer for goods or services; or

                         (ii)    an inquiry or request by a customer or potential customer for information about goods or services; and

               (b)    the primary purpose of the call is in relation to the inquiry, order or request; and

                (c)    the customer or potential customer has not withdrawn the inquiry, order or request; and

               (d)    the call is made within a reasonable time after the inquiry, order or request; and

                (e)    another purpose of the call is a purpose described in paragraphs 5 (1) (e) to (o) of the Act.

Examples

1   A shoe repair store rings a customer to tell the customer that the shoes are ready to be picked up. The customer is provided with information about the nature of the repairs which were made to the shoes.

2   A mechanic rings a customer to advise of the cost of repairs to the customer’s car and to seek permission to continue with the repairs.

3   A customer rings an internet service provider to complain that the customer’s service is not working. The following day, the internet service provider makes a follow‑up call to the customer to ask if the customer is still having difficulties. During the conversation, the internet service provider discusses alternative products offered by the internet service provider.

4   A furniture store rings a customer who has ordered a sofa to organise delivery of the furniture.

5   A person fills in an online form, on a website relating to mortgage products, requesting more information. A mortgage broker then responds to the information request by phoning the person to discuss the mortgage products.

6   A health club sets up a stall in a local shopping mall, and a person provides a telephone number as the person is interested in joining the club and finding out further information about the club’s services. The club then follows up with the person by telephoning him or her at the number supplied.

7   A person fills in an application form (eg an application for a loan or insurance) and a call is made to confirm details provided on the application form.

Calls not answered by the person to whom the call is made

         (8)   A voice call is not a telemarketing call if:

                (a)    the voice call is of a kind mentioned in subregulations (2) to (7); and

               (b)    the call is answered by:

                          (i)    an answering service; or

                         (ii)    a person other than the person to whom the call was intended to be made; and

                (c)    the caller leaves a message on the answering service, or provides information to the person answering the call.

5              Deemed nominees

         (1)   Subject to subregulations (2) and (3), a person (person 1) is taken to be a nominee of a relevant telephone account holder under subsection 39 (4) of the Act, for the purpose of giving consent, if person 1 has given the telephone number to a person or organisation for the purpose of allowing the person or organisation to contact person 1.

         (2)   Person 1 is taken to be a nominee whether the person or organisation:

                (a)    contacts person 1; or

               (b)    arranges for another person to contact person 1.

Examples

1   A person who has provided a contact telephone number to a bank on a loan application form is a deemed nominee for the purpose of consent under clause 2 of Schedule 2 to the Act.

2   A person who asks a retailer to contact them on a specified telephone number about a particular product is a deemed nominee for the purpose of consent under clause 2 of Schedule 2 to the Act. The person would still be a deemed nominee if the number were passed to an organisation that performed customer service functions on behalf of the retailer.

         (3)   Person 1 is taken to be a nominee if a person, acting on behalf of person 1, has given the telephone number to a person or organisation for the purpose of allowing the person or organisation to contact person 1.

Example

If a person completes an online application form on behalf of his or her spouse, and provides the spouse’s telephone number on the form, the spouse is a deemed nominee for the purpose of giving consent under clause 2 of Schedule 2 to the Act.

Note 1   A person who has provided another person’s telephone number to a bank could be nominated in writing by the account holder under section 39 of the Act.

Note 2   A deemed nominee under this regulation would not be able to register the number of the relevant telephone account holder on the Do Not Call Register, as this can only be done by the relevant account holder, or a person nominated in writing under section 15 of the Act.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.