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Determinations/Communications as made
This Determination administers the processes of applying for registration, applying for correction of entries and for removing entries and ineligible numbers on the Do Not Call Register.
Administered by: Communications and the Arts
Registered 01 May 2007
Tabling HistoryDate
Tabled HR08-May-2007
Tabled Senate09-May-2007
Date of repeal 14 Sep 2017
Repealed by Do Not Call Register (Administration and Operation) Determination 2017

Explanatory Statement

 

Issued by the authority of the Australian Communications and Media Authority

DO NOT CALL REGISTER (ADMINISTRATION AND OPERATION) DETERMINATION 2007

Do Not Call Register Act 2006

Legislative Basis

Under section 18 of the Do Not Call Register Act 2006 (the Act), the Australian Communications and Media Authority (ACMA) may make a determination that makes provision for or in relation to any or all of the following:

·        the form of applications for telephone numbers to be entered on the Do Not Call Register;

·        the manner in which such applications are to be made;

·        the manner in which entries are to be made on the Do Not Call Register;

·        the correction of entries in the Do Not Call Register;

·        the removal of entries from the Do Not Call Register;

·        any other matter relating to the administration or operation of the Do Not Call Register.

Background

On 30 June 2006 the Act received Royal Assent.  The Act requires ACMA to keep, or to arrange for another person (contracted service provider) to keep, the Do Not Call Register (the Register).  Section 18 of the Act allows ACMA to make a determination dealing with a number of issues related to the administration or operation of the Register.

The Act is a response to increasing levels of community concern about the number of unsolicited telemarketing calls.  The Act allows people who do not wish to receive unsolicited telemarketing calls to submit their telephone numbers for entry on the Register.  In general, persons making telemarketing calls must not call numbers entered on the Register without the consent of either the relevant telephone account-holder or that person’s nominee.

 

Consultation

ACMA consulted with the telemarketing industry, consumer groups and other interested parties including the Office of the Privacy Commissioner and the Telecommunications Industry Ombudsman.  ACMA also sought comment from the general public on a draft form of the Determination.  ACMA received 8 submissions on the Determination.  ACMA has made a number of changes to the draft Determination that are intended to better balance the amount of information that individuals are required to provide to support an application to register their telephone number and the need to minimise the likelihood that numbers are either inadvertently or fraudulently listed on the Do Not Call Register.  The changes to the draft Determination include:

·        requiring that when registering via the Internet, account-holders must provide their name, or (if applicable) the relevant telephone account number (in addition to the telephone number and return email address); and

·        requiring that an applicant submitting an account bill need only submit those parts of the bill necessary to confirm that the bill was issued to the applicant for the service to which the application applies.

The draft Determination was also amended to require ACMA or the contracted service provider to inform the relevant telephone account-holder before an entry is corrected or removed from the Register.

 


Notes on the Sections and Subsections

Section 1 – Name of the Determination

Section 1 provides that the Determination is the Do Not Call Register (Administration and Operation) Determination 2007.

 

Section 2 Commencement

Section 2 sets out that the Determination commences on 3 May 2007.

 

Section 3 – Definitions

Section 3 defines ‘Act’ to mean the Do Not Call Register Act 2006.  Other words and expressions used in the Determination may be defined in section 4 of the Act, including:

·        ACMA;

·        contracted service provider;

·        Do Not Call Register;

·        nominee; and

·        relevant telephone account-holder.

 

Section 4 – Applications for registration

Section 4 sets out the manner in which applications for registration of a number on the Register may be made.

Subsection 4(1) lists the ways in which applications to register a telephone number on the Do Not Call register may be made by the relevant telephone account-holder, namely:

·        telephone;

·        internet;

·        in writing; or

·        in any other way approved by ACMA.

Under subsection 4(2), a nominee of the relevant telephone account-holder may only apply in writing or any other way approved by ACMA.  Methods of registration for nominees are restricted in this way because of the requirement under subsection 39(2) of the Act that nominations and withdrawals of nominations must be in writing.

Subsection 4(3) sets out the way in which an applicant for registration may apply by telephone.  A relevant telephone account-holder wishing to register by telephone must:

·        call the number for the Register (which is specified on either ACMA’s or the contracted service provider’s website), from the telephone number sought to be registered;

·        provide the telephone number sought to be registered (including area code if applicable)[1];

·        state that the person is the relevant telephone account-holder for the telephone number;

·        state that the telephone number is used or maintained exclusively or primarily for private or domestic purposes;

·        state that the telephone number is not used or maintained exclusively for transmitting or receiving faxes;

·        state that the person would like the number registered on the Do Not Call Register; and

·        state that the person understands that confirmation of their intention to Register may be obtained by return phone call to the telephone number sought to be registered.

The purpose of requiring the call to be made from the number to be registered is to allow the number available through calling number display to be matched against the number sought to be registered for validation purposes.  Where calling number display is not available for the call, the contracted service provider may confirm the intention to Register through a return phone call to the number sought to be registered.  Nominees of a relevant telephone account-holder may not register over the telephone.

Subsections 4(4) to (6) set out the requirements for applications to register numbers using the Internet.  A relevant telephone account-holder wishing to register via the Internet must:

·        apply using the on-line application form available from either the ACMA or contracted service provider’s website, depending on which is keeping the Register;

·        enter their full name;

·        enter the telephone number sought to be registered, including the area code (if applicable);

·        state that the person is the relevant telephone account-holder for the number sought to be registered;

·        state that the telephone number sought to be registered is used or maintained exclusively or primarily for private or domestic purposes;

·        state that the telephone number sought to be registered is not used or maintained exclusively for transmitting or receiving faxes;

·        state that the person would like the number registered on the Do Not Call Register;

·        provide an email address which may be used for

o       confirmation of their intention to register the number on the Do Not Call Register,

o       general correspondence,

o       investigation of any possible abuse of the online registration process; and

·        state that the registration will not breach either of the conditions that:

o       a telephone account-holder providing an email address must not register more than 3 telephone numbers at any one time using that email address,

o       a telephone account-holder providing an email address must not register more than 10 telephone numbers within a period of 3 years using that email address.

The provision of a return email address provides ACMA with means of verifying an intention to register.  Other information requirements when registering relate to eligibility for the number to be included on the Register.

Subsections 4(7) to (10) set the requirements for written applications for registration.  A relevant telephone account-holder or their nominee wishing to submit an application for registration in writing must:

·        send the application to a postal address or fax number maintained on either the ACMA or contracted service provider’s website;

·        provide the person’s name, and the telephone number sought to be registered, including the area code (if applicable);

·        state that the person is either the relevant telephone-account holder or the nominee of the relevant telephone account-holder for the number sought to be registered;

·        state that the telephone number sought to be registered is used or maintained exclusively or primarily for private or domestic purposes;

·        state that the telephone number sought to be registered is not used or maintained exclusively for transmitting or receiving faxes;

·        state that the relevant telephone account-holder would like the telephone number registered on the Do Not Call Register; and

·        provide a copy of a bill for the telephone account associated with the telephone number[2].

If the applicant is the relevant telephone account-holder, the applicant must also provide their contact details for correspondence.  If the applicant is a nominee of the account-holder, the nominee must provide written evidence of the nomination, the name of the relevant telephone account-holder, and the nominee’s contact details and the contact details of the relevant telephone account-holder, for correspondence. 

Under subsection 4(11), following receipt of an application for registration, ACMA or the contracted service provider must enter the telephone number on the Register.  An application must comply with section 4, which may include ACMA contacting the registration applicant to confirm the registration.

Before 14 May 2007, applications may only be made using the Internet, in writing, or in any other way approved by ACMA.

The notes to section 4 explain that:

·        ACMA or the contracted service provider is not required to obtain confirmation of intention to register a telephone number before registering that number on the Register;

·        ACMA and the contracted service provider (if any) are both bound by the Privacy Act 1988;

·        no fee is payable for registration; and

·        giving false or misleading information is a serious offence under section 137.1 of the Criminal Code.

 

Section 5 – Applications for correction of entries made on the Do Not Call Register

Section 5 sets out the manner in which applications for corrections of entries made on the Register may be made.

Under subsection 5(1), a relevant telephone account-holder or their nominee may apply to correct an entry relating to a telephone number of the relevant telephone account-holder on the Register.

Under subsection 5(2), such an application to correct an entry may be made by:

·        telephone;

·        in writing; or

·        in any other way approved by ACMA.

Under subsection 5(3), nominees of an account holder may only apply in writing or any other way approved by ACMA.

Subsection 5(4) sets the way in which a person may apply for correction of an entry by telephone.  A relevant telephone account-holder wishing to correct an entry by telephone must:

·        call the number for the Register (which is specified on either ACMA’s or the contracted service provider’s website), from the telephone number sought to be registered following the correction;

·        state that the person is the relevant telephone account-holder for the telephone number sought to be registered;

·        provide the details, if known, of the telephone number (including area code if any) incorrectly registered on the Register;

·        provide the details of the telephone number (including area code if any) of the number which should have been entered onto the Register;

·        state that the second telephone number is used or maintained exclusively or primarily for private or domestic purposes;

·        state that the second telephone number is not used or maintained exclusively for transmitting or receiving faxes;

·        state that the person would like the Register to be corrected; and

·        state that the person understands that confirmation of their intention to correct the Register may be obtained by return telephone call to the second number.

The purpose of requiring the call to be made from the second number is to allow the number available through calling number display to be matched against the number sought to be registered for validation purposes.  Where calling number display is not available for the call, the contracted service provider may confirm the intention to correct the number on the Register through a return phone call to the number sought to be registered.  Nominees may not correct an entry using the telephone.

Subsections 5(5) to (8) set out the requirements for applications to correct an entry on the Register in writing.  A relevant telephone account-holder or their nominee wishing to correct an entry on the Register in writing must:

·        send the application to a postal address or fax number maintained on either the ACMA or contracted service provider’s website;

·        state that they are the relevant telephone account-holder or a nominee of the relevant telephone account-holder, for the correct number;

·        provide details of any telephone number incorrectly registered on the Register, if known, including the area code (if any);

·        provide details of the telephone number that should have been entered onto the Register, including the area code (if any);

·        state that the second telephone number is used or maintained exclusively or primarily for private or domestic purposes;

·        state that the second telephone number is not used or maintained exclusively for transmitting or receiving faxes;

·        state that the person would like the Register to be corrected; and

·        provide a copy of a bill for the telephone account associated with the second telephone number.

If the applicant is the relevant telephone account-holder, the applicant must also provide his or her contact details for correspondence.

If the applicant is a nominee of a relevant telephone account-holder, the applicant must also provide written evidence of the nomination, the name of the relevant telephone account-holder, and his or her contact details and the contact details for the relevant telephone account-holder, for correspondence.

Applications for correction before 14 May 2007 may not be made over the telephone, but may only be made in any other way approved by ACMA.

The notes to section 5 explain that:

·        ACMA or the contracted Service Provider is not required to obtain confirmation of intention to correct a telephone before correcting that number on the Register;

·        ACMA and the contracted service provider (if any) are both bound by the Privacy Act 1988;

·        no fee is payable for corrections;

·        giving false or misleading information is a serious offence under section 137.1 of the Criminal Code.

 

Section 6 – Correction of the Do Not Call Register

Under subsection 6(1), ACMA or the contracted service provider may check the correctness of an entry on the Do Not Call Register at any time.  They must do so after receiving an application under section 5 in relation to that entry.

If ACMA or the contracted service provider considers that an entry on the Register is incorrect, ACMA or the contracted service provider must inform the person recorded as the account holder for the number that the entry is to be corrected.  They must also correct the entry.

 

Section 7 – Removal of entries from the Do Not Call Register

Section 7 sets out the manner in which applications for removal of entries on the Register may be made.

Subsection 7(1) states that a relevant telephone account-holder or their nominee may apply to remove a telephone number from the Register.

Under subsection 7(2), applications for removal may be made:

·        by telephone;

·        in writing; or

·        in any other way approved by ACMA.

Under subsection 7(3), nominees of an account holder may only apply for removal of a telephone number in writing or any other way approved by ACMA.

A relevant telephone account-holder who wishes to apply for removal of a telephone number by telephone must:

·        call the number for the Register (which is specified on either ACMA’s or the contracted service provider’s website), from the telephone number sought to be removed;

·        provide the telephone number (including area code if any) sought to be removed;

·        state that the person is the relevant telephone account-holder for the telephone number sought to be removed;

·        state that the person would like the telephone number removed from the Register;

·        state that the person understands that confirmation of his or her intention to remove the telephone number from the Register may be obtained by return phone call to the number sought to be registered.

Subsections 7(5) to (8) set out the requirements for applications to remove an entry on the Register in writing.  A relevant telephone account-holder or their nominee wishing to remove an entry on the Register in writing must:

·        send the application to a postal address or fax number maintained on either  ACMA’s or the contracted service provider’s website;

·        provide his or her name and the telephone number to be removed from the Register, including area code (if any);

·        state that they are the relevant telephone account-holder, or their nominee, for the telephone number sought to be removed;

·        state that he or she would like the telephone number removed from the Register;

·        provide a copy of a bill for the telephone account associated with the telephone number.

Under subsection 7(7), if the applicant is a relevant telephone account-holder, the applicant must also provide their contact details for correspondence.

Under subsection 7(8), if the applicant is the nominee of the relevant telephone account-holder, the applicant must also provide written evidence of the nomination, the name of the relevant telephone account-holder, and their contact details and the contact details of the relevant telephone account-holder, for correspondence.

Under subsection 7(9), following receipt of an application for removal of a number from the Register, ACMA or the contracted service provider must remove the relevant telephone number from the Register.  An application must comply with section 7, which may include ACMA contacting the applicant to confirm the person’s intention to remove the number from the Register.

However, applications made before 14 May 2007 for removal of a telephone number may only be made in a way approved by ACMA.

The notes to section 7 explain that:

·        ACMA and the contracted Service Provider are not required to obtain confirmation of intention to remove a telephone before removing that number on the Register;

·        ACMA and the contracted service provider (if any) are both bound by the Privacy Act 1988;

·        no fee is payable for removal of numbers from the Register;

·        giving false or misleading information is a serious offence under section 137.1 of the Criminal Code.

Section 8 – Removal of ineligible numbers from the Do Not Call Register

Under subsection 8(1), ACMA must remove, or require the contracted service provider to remove, an entry from the Register if ACMA is satisfied that the relevant telephone number should not have been registered, for one of two reasons:

·        the telephone number associated with the entry is not eligible to be entered on the Register; or

·        the person who applied to register the telephone number was not eligible, under section 15 of the Act, to register the telephone number on the Do Not Call Register.

For example, if a number was registered and that number is used or maintained exclusively for transmitting facsimiles, the number was not eligible to be entered on the Register, and ACMA must remove it or have the contracted service provider remove it.  As another example, if a person other than a nominee or the relevant telephone account-holder applied to register a number, and the number was registered, ACMA must remove the number or have the contracted service provider remove it.

Under subsection 8(2), ACMA or the contracted service provider must inform the person recorded as the telephone account-holder that the number is to be removed from the Register.

 

Section 9 – Accessing the Do Not Call Register to check whether a telephone number has been registered

Section 9 sets out the manner in which applications for checking of entries on the Register may be made.

Subsection 9(1) provides that a relevant telephone account-holder or their nominee may apply to check whether a telephone number of the relevant telephone account-holder has been registered.

Subsection 9(2), lists the way in which applications to check an entry of a telephone number on the Do Not Call register may be made:

·        by telephone;

·        by the Internet;

·        in writing; or

·         in any other way approved by ACMA.

Under subsection 9(3), a nominee of an account-holder may only apply in writing or in any other way approved by ACMA.

Subsection 9(4) sets out the way in which an applicant for registration may apply by telephone. A relevant telephone account-holder who wishes to apply to check a number by telephone must:

·        call the number for the Register (which is specified on either ACMA’s or the contracted service provider’s website), from the telephone number sought to be checked;

·        provide the telephone number sought to be checked, including the area code (if any),

·        state that the person is the relevant telephone account-holder for the telephone number sought to be checked;

·        state that the person would like the telephone number to be checked to see if it has been registered.

ACMA or the contracted service provider must, either during the call or as soon as practicable afterwards, by return call to the number sought to be checked, advise the applicant whether the telephone number sought to be checked has been included on the Register.

Subsections 9(6) to (7) set out the requirements for applications to check numbers using the Internet.  A relevant telephone account-holder wishing to check a registration via the Internet must:

·        apply using the on-line application form available from either the ACMA or contracted service provider’s website, depending on who is keeping the Register;

·        enter the telephone number to be checked, including the area code (if any);

·        state that the person is the relevant telephone account-holder for the telephone number sought to be checked;

·        state that the person would like the telephone number to be checked to see whether it has been registered;

·        provide an email address which may be used for general correspondence and investigation of any possible abuse of the online checking process.

ACMA or the contracted service provider must advise the applicant by return email to the email address provided, as soon as practicable, whether the relevant number has been entered on the Register.

Subsections 9(9) to (13) set out the requirements for written applications to check an entry on the Register.  A relevant telephone account-holder or their nominee wishing to check an entry in writing must:

·        send the application to a postal address or fax number maintained on either the ACMA or contracted service provider’s website;

·        provide the telephone number sought to be checked, including area code (if any);

·        state that the person is the relevant telephone account-holder, or the nominee of a relevant telephone account-holder, for the number sought to be checked;

·        state that the person would like the telephone number to be checked to see if it is on the Register;

·        provide a copy of a bill for the telephone account associated with the telephone number.

If the applicant is the relevant telephone account-holder, the applicant must also provide their contact details for correspondence.

If the applicant is a nominee of a relevant telephone account-holder, the applicant must also provide written evidence of the nomination, the name of the relevant telephone account holder, and their contact details and the contact details of the relevant telephone account-holder, for correspondence.

Under subsection 9(13), ACMA or the contracted service provider must advise the applicant in writing, as soon as practicable, whether the number sought to be checked is included on the Register.

Before 14 May 2007, an application may only be made using the Internet, in writing or in any other way approved by ACMA.

The notes to section 9 explain that:

·        ACMA and the contracted service provider (if any) are both bound by the Privacy Act 1988;

·        no fee is payable to check whether a telephone number has been registered;

·        giving false or misleading information is a serious offence under section 137.1 of the Criminal Code.

 

Section 10 – Expiry of registration

When an application for registration is lodged under section 4, ACMA or the contracted service provider must inform the applicant that registration will take effect when the number is entered onto the Register, and that the registration will last for three years or until the entry is removed in accordance with section 6 or 7.

 

Section 11 – Handling of complaints when the Do Not Call Register is kept by a contracted service provider

If the Do Not Call Register is kept by a contracted service provider they must deal with complaints and enquiries about the administration and operation of the Register.  These may include such matters as:

·        whether a number has been registered;

·        the date of registration of a number;

·        whether the status of a number was properly reflected in a ‘washed’ list returned to an access-seeker.

The contracted service provider must refer to ACMA any complaints about a breach of the Act, any regulations made under the Act, or any code made or standard registered under the Telecommunications Act 1997 that relates to the Do Not Call Register.  ACMA is responsible for enforcing the provisions of the Act, the regulations and those codes and standards.

 

Section 12 – Requirement to provide a copy of a bill

Where a section in this Determination requires the provision of a copy of a telephone account bill, a person need only provide an edited copy of a bill, or a part of a bill, which shows the name of the account-holder and the telephone number.

For example, it would be sufficient for an account-holder’s name and telephone number to be visible but for other details such as the number of calls made and the amount of the bill to be crossed out.

 

 

 

 



[1] Not all telephone numbers which may be eligible for inclusion on the Register contain an area code, for example mobile phone numbers where the service is for personal use.

[2] Under section 12 of the Determination, that part of a bill which shows the name and telephone number is sufficient to meet this requirement.