Schedule 1 Variation
[1] Rename instrument
Rename the instrument as the “Telemarketing and Research Calls Industry Standard 2007”.
[2] Section 1, excluding heading
substitute
This industry standard is the Telemarketing and Research Industry Standard 2007.
[3] Subsection 3(1), after the words “in this industry standard:”
insert
ACMA means the Australian Communications and Media Authority.
[4] Subsection 3(1), definition of call operator
omit the definition of call operator in its entirety, insert
calling line identification means a facility in telecommunications networks that indicates either the telephone number from which the call was initiated or to which the call recipient may call back.
[5] Subsection 3(1), after the definition of voice call
insert
Note The definition of voice call contained in section 4 of the Do Not Call Register Act 2006 includes, among other things, a call that involves a recorded or synthetic voice.
[6] Subsection 3(2) and subsection 3(3)
omit the words ‘as a call operator’ wherever occurring.
[7] Note to section 4
substitute
Note The content of this industry standard relates to making, attempting or proposing to make a call.
[8] Subsection 5(1)
omit the words ‘subsection (3)’, substitute the words ‘subsections (3) and (5)’.
[9] Paragraphs 5(2)
omit the words ‘subsection (3)’, substitute the words ‘subsections (3) and (5)’.
[10] Subsection 5(3)
omit the words ‘(2) (a) to (d)’, substitute the words ‘(2) (a) to (f), and subject to subsection (5)’.
[11] Subsection 5(3), after the Example
insert
Note Callers are not prohibited from making or attempting to make calls on a State or Territory public holiday, unless the State or Territory public holiday falls on a day prohibited in paragraphs (1) and (3) and subject to the prohibited calling times in paragraphs (1) and (2).
[12] Paragraph 5(5)(c)
insert the word ‘the’ before the word ‘ACMA’, wherever occurring.
[13] Note after paragraph 5(5)(c)
omit the note.
[14] Section 6
substitute
6 Provision of information during telemarketing calls other than research calls
Application of this section
(1) This section applies to all telemarketing calls other than telemarketing calls that are research calls.
Information to be provided as soon as the call starts
(2) The caller must give, or cause to be given, the following information to the call recipient as soon as the call starts:
(a) the given name of the individual making the call;
(b) the purpose of the call;
(c) the name of the person causing the call to be made (if applicable).
Information to be provided immediately upon request
(3) The caller must give, or cause to be given, the following information to the call recipient immediately after being asked to do so by the call recipient:
(a) the employee or staff identifier of the individual making the call;
(b) the name and contact details of the employer of the individual making the call, or, if the individual calling is self-employed, their business name (if applicable) and contact details;
(c) the contact details of the person that caused the call to be made (if applicable);
(d) the name and contact details of any person responsible for dealing with inquiries or complaints about:
(i) the individual making the call;
(ii) the employer of the individual making the call (if applicable);
(iii) the person who caused the call to be made (if applicable).
Information to be provided within a reasonable time (not exceeding 7 days) if requested
(4) The caller must give, or cause to be given, if requested by the call recipient, the following information to the call recipient within a reasonable time (not exceeding 7 days) after being asked to do so:
(a) details of where the person calling obtained the Australian number called, or that it was obtained from a natural person;
(b) the name of the person the call was intended for (if applicable);
(c) the name and contact details of any entity that disclosed to the caller the Australian number called and/or the name of the person for whom the call was intended.
6A Provision of information during a research call
Application of this section
(1) This section only applies to telemarketing calls that are research calls.
Information to be provided as soon as the call starts
(2) The caller must give, or cause to be given, the following information to the call recipient as soon as the call starts:
(a) the given name of the individual making the call;
(b) the purpose of the call.
Information to be provided immediately upon request or, if not requested, before the end of the call
(3) If the call recipient asks who caused the call to be made, the caller must give, or cause to be given, the name of the person that caused the call to be made immediately upon request.
(4) If the call recipient does not ask who caused the call to be made, the caller must give, or cause to be given, the name of the person that caused the call to be made before the end of the call.
Information to be provided immediately upon request
(5) The caller must give, or cause to be given, the following information to the call recipient immediately after being asked to do so by the call recipient:
(a) the employee or staff identifier of the individual making the call;
(b) the name and contact details of the employer of the individual calling, or, if the individual calling is self-employed, their business name (if applicable) and contact details;
(c) the contact details of the person that caused the call to be made (if applicable);
(d) the name and contact details of any person responsible for dealing with inquiries or complaints about:
(i) the individual making the call;
(ii) the employer of the individual making the call (if applicable)
(iii) the person who caused the call to be made (if applicable).
Information to be provided within a reasonable time (not exceeding 7 days) if requested
(6) If requested by the call recipient, the caller must give, or cause to be given, the following information to the call recipient within a reasonable time (not exceeding 7 days) after being asked to do so:
(a) details of where the person calling obtained the Australian number called, or that it was obtained from a natural person;
(b) the name of the person the call was intended for (if applicable);
(c) the name and contact details of any entity that disclosed to the caller the Australian number called and/or the name of the person for whom the call was intended.
6B Contact details
For sections 6 and 6A a caller’s contact details must include an Australian number suitable for receiving voice calls during normal business hours at the location of the call recipient, and at least one of the following:
(a) street address;
(b) postal or business address, other than a street address;
(c) email address.
Note The Australian number provided can be any number suitable for receiving voice calls during the hours referred to and need not be the number of a telephone from which the caller makes telemarketing calls.
6C Calls that involve a recorded or synthetic voice
Where a caller makes, or causes to be made, a telemarketing call involving recorded or synthetic voices, the caller must ensure that a mechanism to enable the call recipient to request information listed in subsections 6(3) and (4) and subsections 6A(3), (5) and (6) is provided during the call.
Example: The call recipient may be advised of the facility to request such information by pressing a button to talk to an operator or to obtain further details about the call, the caller and/or the entity that is causing the call to be made.
[15] Heading to section 7
substitute the heading ‘Terminating a call’.
[16] Paragraph 7(1)(a)
omit the words ‘the caller or call operator’, substitute the words ‘the person making the call’.
[17] Subsection 7(2)
omit the words “Subsection (1)”, substitute the words “Paragraph (1) (a)”.
[18] Section 8, excluding heading
substitute
(1) A caller must ensure that calling line identification is enabled at the time that the caller makes or attempts to make a call, or causes a call to be made or attempted to be made.
Example: A caller must not block the transmission of the calling line identification to any calling number display or any calling name display of a call recipient who receives the call.
(2) Callers must make reasonable efforts to ensure that when calls are made, the number which is transmitted to the calling number display of the receiver terminals is a telephone number which is suitable for return telephone contact by a call recipient.
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.