Federal Register of Legislation - Australian Government

Primary content

Determinations/Communications as made
This Determination amends the Do Not Call Register (Access Fees) Determination 2007 to update the fees for services provided under subsection 19(2) of the Do Not Call Register Act 2006.
Administered by: Broadband, Communications and the Digital Economy
Registered 22 Dec 2010
Tabling HistoryDate
Tabled HR08-Feb-2011
Tabled Senate08-Feb-2011
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Repealed by Broadband, Communications and the Digital Economy (Spent and Redundant Instruments) Repeal Regulation 2013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 Fees) Amendment Determination 2010 (No.2)

 

Do Not Call Register Act 2006

 

Purpose

The Do Not Call Register (Access Fees) Amendment Determination 2010 (No.2) (the Amendment Determination) has been made by the Australian Communications and Media Authority (ACMA) to amend the Do Not Call Register (Access Fees) Determination 2007 (the existing Determination). The Amendment Determination updates the fees for services provided under subsection 19(2) of the Do Not Call Register Act 2006 (the Act). 

Legislative Provisions

Under subsection 13(1) of the Act, the ACMA must keep or arrange for another person (the contracted service provider) to keep, on behalf of the ACMA, a register of Australian numbers for the purposes of the Act. The register is to be known as the Do Not Call Register (Register).

The Register allows individuals to ‘opt out’ of receiving certain unsolicited telemarketing calls or fax marketing messages by registering eligible numbers on the Register.

It may be unlawful under section 11 of the Act to make, or to cause to be made, telemarketing calls to Australian numbers placed on the Register. It may also be unlawful under section 12B of the Act to send, or cause to be sent, marketing faxes to an Australian number placed on the Register. The Act allows access-seekers to submit lists of Australian numbers to the ACMA or the contracted service provider for checking against the Register (section 19 of the Act). The ACMA or the contracted service provider must then inform the access-seeker which numbers (if any) on the access-seeker’s list are (or are not) listed on the Register. This process of ‘washing’ a submitted list against the Register will help access-seekers to comply with the Act (see subsection 11(3) and subsection 12B(3) of the Act).

Under subsection 21(1) of the Act, the ACMA may make a determination about the fees payable for the provision of a ‘washed list’ or the refunds of fees for those services. The determination may also make provision for any exemption from fees payable (subsection 21(2) of the Act). The charges must not be such as to amount to taxation.

A determination made under subsection 21(1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

On 1 May 2007, the ACMA made the existing Determination.

Background

The ACMA completed its third review of access fees and cost-recovery arrangements against the cost-recovery principles outlined in the Australian Government’s Cost Recovery Guidelines (the Guidelines). The review resulted in a small increase to the fees for the ‘washing’ services provided under subsection 19(2) of the Act.

This review looked at the total direct costs (actual and estimated) of the Register and compared these to the total revenue received (actual and estimated) from access-seekers from the start of the Register’s operations in May 2007 through to December 2012. The adjusted fees have been calculated using a detailed model developed by Access Economics (an independent consultancy organisation).

Regulatory Impact

Given the expected minimal impact the slight increase in fees will have on industry and competition, an exemption for a Regulatory Impact Statement and Business Cost Calculator Report has been obtained.

Consultation

A Discussion Paper about the proposed Register cost-recovery arrangements was issued for public comment in July 2010. The Discussion Paper sought industry and public feedback on the updated annual subscription fees.

The Discussion Paper was published on the ACMA’s website and emailed directly to key industry stakeholders, including over 7,000 telemarketers, fax marketers, associations representing firms engaged in telemarketing and fax marketing, and consumer groups.

The ACMA received six submissions in response to the Discussion Paper.   


NOTES ON SECTIONS

 

Section 1 - Name of determination

Section 1 provides for the citation of the Amendment Determination as the Do Not Call Register (Access Fees) Amendment Determination 2010 (No. 2).

 

Section 2 - Commencement

Section 2 provides that the Amendment Determination commences on 1 January 2011.

 

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

Section 3 amends the existing Determination known as the Do Not Call Register (Access Fees) Determination 2007.

 

Schedule 1- Amendments

Item 1 substitutes a new table at subsection 4(1) in the existing Determination, inserting the revised fee schedule for the services provided under subsection 19(2) of the Act.

Item 2 substitutes a new first example in the notes to subsection 6(1) to reflect the new subscription fees in the revised fee schedule inserted by item 1.

Item 3 substitutes a new second example in the notes to subsection 6(1) to reflect the new subscription fees in the revised fee schedule inserted by item 1.