Federal Register of Legislation - Australian Government

Primary content

Determinations/Communications as made
This Determination amends the Do Not Call Register (Access to Register) Determination 2007 to make a change of a minor nature to correct a drafting error made in an earlier legislative instrument which amended the Determination, the Do Not Call Register (Access to Register) Amendment Determination 2010 (No. 1).
Administered by: Broadband, Communications and the Digital Economy
Registered 22 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Repealed by Broadband, Communications and the Digital Economy (Spent and Redundant Instruments) Repeal Regulation 2013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 (ACCESS TO REGISTER) 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 (Access to Register) Amendment Determination 2010 (No. 2) (the Amendment Determination) made under subsection 20(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 20(1) of the Act allows the ACMA to make a determination providing for the manner in which lists of numbers can be submitted to the ACMA or the contracted service provider to be checked against the Register, and the manner in which the ACMA must provide the results of that check. This process of ‘washing’ access-seekers’ lists help access-seekers to avoid breaching the Act (see subsections 11(3) and 12B(3) of the Act). 

On 27 April 2007, ACMA made the Do Not Call Register (Access to Register) Determination 2007 (the Determination).  The Determination, among other things, sets out the manner in which access-seekers may submit a list of telephone numbers for washing and the manner in which the ACMA or the contracted service provider is to provide the information to the access-seeker.

The Amendment Determination makes a change of a minor nature to correct a drafting error made in an earlier legislative instrument which amended the Determination, the Do Not Call Register (Access to Register) Amendment Determination 2010 (No. 1).

Consultation

The amendments made by the Amendment Determination are changes of 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 amendment made by the Amendment Determination is minor and does 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 name of the instrument is the Do Not Call Register (Access to Register) Amendment Determination 2010 (No. 2).

 

Section 2 – Commencement

 

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

 

Section 3 – Amendment of Do Not Call Register (Access to Register) Determination 2007

Section 3 provides that Schedule 1 amends the Determination.

Schedule 1 - Amendment

[1]        After subsection 4 (8)

Item 1 corrects the heading that appears after subsection 4 (8), effectively ensuring that the section is correctly numbered as section 5 of the Determination.

[2]        After the heading to section 5

Item 2 corrects a drafting error, removing the extraneous word ‘Insert’ from section 5.