Federal Register of Legislation - Australian Government

Primary content

Determinations/Communications as made
This Determination amends the Do Not Call Register (Administration and Operation) Determination 2007 to make changes of a minor nature to correct drafting errors made in an earlier legislative instrument, and to more accurately reflect the wording of the Act, as recently amended .
Administered by: Broadband, Communications and the Digital Economy
Registered 21 Jun 2010
Tabling HistoryDate
Tabled HR23-Jun-2010
Tabled Senate23-Jun-2010
Date of repeal 09 Aug 2013
Repealed by Broadband, Communications and the Digital Economy (Spent and Redundant Instruments) Repeal Regulation 2013

Explanatory Statement

 

Issued by the authority of the Australian Communications and Media Authority

DO NOT CALL REGISTER (ADMINISTRATION AND OPERATION) AMENDMENT DETERMINATION 2010 (No. 2)

Do Not Call Register Act 2006

Background, purpose and legislative basis

This document provides an explanation of the Do Not Call Register (Administration and Operation) Amendment Determination 2010 (No. 2) (the Amendment Determination) made under subsection 18(1) of the Do Not Call Register Act 2006 (the Act).

The Act requires the ACMA to keep, or to arrange for another person (the contracted service provider) to keep, the Do Not Call Register (the Register).  Subsection 18(1) of the Act allows the ACMA to make a determination dealing with a number of issues related to the administration or operation of the Register.

On 27 April 2007, the ACMA made the Do Not Call Register (Administration and Operation) Determination 2007 (the Determination).  The Determination, among other things, sets out the manner in which applications for:

·        registration of a number on the Register may be made;

·        corrections for entries made on the Register may be made; and

·        removal of entries on the Register may be made.

The Amendment Determination makes changes of a minor nature to correct drafting errors made in an earlier legislative instrument which amended the Determination, the Do Not Call Register (Administration and Operation) Amendment Determination 2010 (No. 1), and to more accurately reflect the wording of the Act, as recently amended .

Consultation

The amendments made by the Amendment Determination are changes of a minor nature and do not substantially alter the existing arrangements under the Determination. Accordingly, the ACMA considers that consultation is unnecessary in the circumstances.

 

Regulatory impact

 

The amendments made by the Amendment Determination are minor and do not give rise to regulatory obligations. Therefore, a regulatory impact analysis process has not been applied.

Notes on the instrument

 

Section 1 – Name of Determination

 

Section 1 provides that the Amendment Determination is the Do Not Call Register (Administration and Operation) Amendment Determination 2010 (No. 2).

 

Section 2 – Commencement

 

Section 2 sets out that the Amendment Determination commences on the day the instrument is registered on the Federal Register of Legislative Instruments.

 

Section 3 – Amendment of Do Not Call Register (Administration and Operation) Determination 2007

Section 3 provides that Schedule 1 amends the Determination.

 

Schedule 1 – Amendments

 

[1]        Subparagraphs 4 (3) (d) (i), 4 (5) (d) (i), 4 (8) (c) (i), 5 (4) (e) (i) and 5 (6) (d) (i)

Item 1 removes the words ‘exclusively or’ from subparagraphs 4 (3) (d) (i), 4 (5) (d) (i), 4 (8) (c) (i), 5 (4) (e) (i) and 5 (6) (d) (i). This reflects a change made by the Do Not Call Register Legislation Amendment Act 2010 to the eligibility requirements for Australian numbers to be included on the Register in section 14 of the Act. .

[2]        Subsection 7 (3)

Item 2 corrects a numbering error.  The Determination presently has two subsections each number “7(3)”.  This amendment re-numbers the first of those subsections so that it becomes subsection 7(2).

[3]        After Note 3 to subsection 9 (13)

Item 3 effectively re-inserts a heading incorrectly omitted from the Determination.  The amendment ensures that the text following on from the heading is correctly headed and is numbered as section 10 of the Determination.