Federal Register of Legislation - Australian Government

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Determinations/Other as made
This determination amends the Do Not Call Register (Administration and Operation) Determination 2007 to repeal section 10 and 12.
Administered by: Communications
Registered 12 May 2015
Tabling HistoryDate
Tabled HR14-May-2015
Tabled Senate15-Jun-2015
Date of repeal 14 May 2015
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003

EXPLANATORY STATEMENT

Do Not Call Register Act 2006

Do Not Call Register (Administration and Operation) Amendment Determination 2015 (No. 1)

 

Issued by the Australian Communications and Media Authority

 

Purpose

The Do Not Call Register (Administration and Operation) Amendment Determination 2015 (No. 1) (the Amendment Determination 2015) repeals section 10 and section 12 of the Do Not Call Register (Administration and Operation) Determination 2007 (the Determination).

Legislative Provisions

The Determination was made under section 18 of the Do Not Call Register Act 2006 (the DNCR Act).

Subsection 33(3) of the Acts Interpretation Act 1901 relevantly provides that where an Act confers a power to make an instrument, the power shall be construed as including, unless the contrary intention appears, a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.

The Amendment Determination 2015 is a legislative instrument subject to disallowance under the Legislative Instruments Act 2003 (the LI Act).

Background

Section 17 of the DNCR Act

This section originally set out the duration of registration for an Australian number on the Do Not Call Register (the Register). Registration took effect from when a number was entered on the Register and remained in force for 3 years or a longer period if specified in a legislative instrument made by the Minister (under subsection 17(1A)). The Do Not Call Register (Duration of Registration) Specification (No. 1) 2010 set the registration period at 8 years.

Schedule 3 to the Telecommunications Legislation Amendment (Deregulation) Act 2015 (the Amendment Act) commenced on 27 April 2015. Schedule 3 repealed paragraph 17(1)(b) and substituted it with alternative text, repealed subsection 17(1A) and repealed subsection 17(2) of the DNCR Act. The effect of those amendments was to provide for indefinite registration of numbers on the Register.

Section 10 of the Determination

This section provides that when an application to register a number is lodged, the ACMA (or its 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, if a longer period is specified in an instrument in force under subsection 17(1A) of the DNCR Act, that longer period, unless that registration is removed from the Register in accordance with section 7 or 8.

To reflect the amendments to section 17 of the DNCR Act and to ensure consistency between the Determination and the repeal of subsection 17(1A) of the DNCR Act, the Amendment Determination 2015 repeals section 10 of the Determination.

Prior repeal of paragraphs 4(8)(f), 5(6)(g), 7(6)(d) and 9(10)(d) of the Determination

Commencing on 1 March 2012, the Do Not Call Register (Administration and Operation) Amendment Determination 2012 (No. 1) (the Amendment Determination 2012) made several amendments to the Determination, including the repeal of paragraphs 4(8)(f), 5(6)(g), 7(6)(d) and 9(10)(d).

Paragraph 4(8)(f): For applications in writing (to register numbers), this paragraph previously required the relevant telephone account-holder or nominee to provide a copy of a bill for the telephone account associated with the telephone number sought to be registered.

Paragraph 5(6)(g): For applications in writing (to correct registered numbers), this paragraph previously required the relevant telephone account-holder or nominee to provide a copy of a bill for the telephone account associated with the telephone number sought to be corrected.

Paragraph 7(6)(d): For applications in writing (to remove registered numbers), this paragraph  previously required the relevant telephone account-holder or nominee to provide a copy of a bill for the telephone account associated with the telephone number sought to be removed.

Paragraph 9(10)(d): For applications in writing (to check whether a number has been registered), this paragraph previously required the relevant telephone account-holder or nominee to provide a copy of a bill for the telephone account associated with the telephone number sought to be checked.

Section 12 of the Determination

This section requires that a copy of a bill or other supporting evidence (to show the name of the relevant account-holder and the number) be provided for the purposes of paragraphs 4(8)(f), 5(6)(g), 7(6)(d) and 9(10)(d). However, these paragraphs were previously repealed by the ACMA on 1 March 2012.

To rectify this inconsistency, the Amendment Determination 2015 repeals section 12 of the Determination.

Consultation

Paragraph 18(2)(a) of the LI Act provides that where an instrument is of a minor or machinery nature and does not substantially alter existing arrangements, this is a circumstance where consultation may be unnecessary or inappropriate.

The ACMA considers the Amendment Determination 2015 to be machinery in nature and therefore consultation was not undertaken.

Regulatory Impact

The Office of Best Practice Regulation (OBPR) determined that the proposed regulatory changes to the Determination were minor or machinery in nature and that no regulatory impact analysis was required - OBPR reference numbers 17995 (for the repeal of section 10 of the Determination) and 12758 (for the prior amendments to the Determination).

Statement of Compatibility with Human Rights

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 (disallowance) of the LI Act applies, to cause a statement of compatibility to be prepared in respect of that legislative instrument.

This statement has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

The Amendment Determination 2015, the purpose of which is to repeal section 10 and section 12 of the Determination, is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

The ACMA has considered whether the Amendment Determination 2015 engages any applicable human rights or freedoms and has formed the view that it does not. The Amendment Determination 2015 is compatible with human rights as it does not raise any human rights issues.

NOTES ON THE INSTRUMENT

Section 1 – Name of Determination

This section provides that the name of the instrument is the Do Not Call Register (Administration and Operation) Amendment Determination 2015 (No. 1).

Section 2 – Commencement

This section states that the instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 – Amendment

This section states that Schedule 1 amends the Do Not Call Register (Administration and Operation) Determination 2007.

Schedule 1 – Amendments

[1]        Section 10

To ensure consistency between section 10 of the Determination and the repeal of subsection 17(1A) of the DNCR Act, item [1] of Schedule 1 repeals section 10 of the Determination.

[2]        Section 12

To rectify the inconsistency of section 12 of the Determination referring to paragraphs 4(8)(f), 5(6)(g), 7(6)(d) and 9(10)(d) that were repealed on 1 March 2012, item [2] of Schedule 1 repeals section 12  of the Determination.