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Do Not Call Register (Access Fees) Determination 2017

Authoritative Version
Determinations/Communications as amended, taking into account amendments up to Do Not Call Register (Access Fees) Amendment Determination 2021 (No.1)
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 14 Oct 2021
Start Date 01 Oct 2021

Commonwealth Coat of Arms of Australia

 

Do Not Call Register (Access Fees)
Determination 2017

 

made under subsection 21(1) of the

Do Not Call Register Act 2006

 

 

Compilation No. 1

Compilation date:                              1 October 2021

Includes amendments up to:            F2021L01328

 

 

 

 

 

 

 

 

 

Prepared by the Australian Communications and Media Authority, Melbourne

About this compilation

 

This compilation

This is a compilation of the Do Not Call Register (Access Fees) Determination 2017 that shows the text of the law as amended and in force on 1 October 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law.  Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation (www.legislation.gov.au).  The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.  For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.  Accordingly, this compilation does not show the text of the compiled law as modified.  For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.


Part 1—Preliminary

1           Name of Determination

                This is the Do Not Call Register (Access Fees) Determination 2017.

3           Authority

                This Determination is made under subsection 21(1) of the Do Not Call Register Act 2006.

5           Definitions

                In this Determination:

access‑seeker has the same meaning as in subsection 19(1) of the Act.

access‑seeker’s registration means the access‑seeker’s registration referred to in subsection 7(3) of the Do Not Call Register (Access to Register) Determination 2017.

ACMA means the Australian Communications and Media Authority.

Act means the Do Not Call Register Act 2006.

current subscription means a subscription which has commenced under section 9 and has not expired or been cancelled or suspended.

subscription fee means the component of a fee payable for services provided under subsection 19(2) of the Act that is described as a subscription fee in column 3 of the table in subsection 7(1).

subscription period has the meaning given by section 9.

subscription type has the meaning given by subsection 7(1).

unused numbers means the number of Australian numbers able to be submitted for checking against the Register under a particular subscription during the relevant subscription period, less the number of Australian numbers that have already been submitted for checking against the Register under that subscription during the subscription period.

Note:       Other words and phrases used in this Determination are defined in section 4 of the Act, including contracted service provider and Australian number.

6           References to legislative and other instruments

                In this Determination, unless the contrary intention appears:

(a)    a reference to another legislative instrument is a reference to that other legislative instrument as in force from time to time; and

(b)   a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force from time to time.

Note 1:       For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2:       All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.


 

Part 2— Fees for Access to Register

7           Fees

             (1)  For paragraph 21(1)(a) of the Act, the fee for services provided under subsection 19(2) of the Act is comprised of the amount mentioned in the following table for not more than the number of Australian numbers, mentioned for a subscription type, that the access-seeker may submit for checking in a subscription period.

Column 1

Subscription type

Column 2

Maximum number of Australian numbers able to be submitted for checking during a subscription period

Column 3

Subscription fee ($)

            A

            500

0         

            B

            20 000

$126

            C

            100 000

$585

            D

            1 000 000

$5,058

            E

            10 000 000

$42,682

            F

            20 000 000

$71,136

            G

            50 000 000

$106,703

            H

            100 000 000

$142,271

 

 

 

             (2)  For subsection (1):

(a)      a number that is submitted for checking is taken to be an Australian number even if it is not in fact an Australian number; and

(b)    a number that is submitted for checking more than once is to be counted separately for each time that it is submitted.

             (3)  A subscription fee is payable for each subscription for which the access‑seeker applies (other than for a type A subscription).

Example 1:    An access‑seeker that selects subscription types C and D would be required to pay the ACMA or the contracted service provider:

(a)            $585 for subscription type C; and

(b)            $5,058 for subscription type D.

Example 2:    An access‑seeker that selects 2 type C subscriptions would be required to pay the ACMA or the contracted service provider $585 for each subscription.

Note 1:       The subscription fee is exempt from GST under subsection 81‑5(1) of the A New Tax System (Goods and Services Tax) Act 1999.

Note 2:       Subsection 21(6) of the Act provides that a fee is payable to the ACMA on behalf of the Commonwealth.

Note 3:       A list of Australian numbers submitted by an access seeker under subsection 19(1) must be equal to, or less than, the number of unused numbers attributable to the access-seeker’s current subscription.

8           Subscription types

             (1)  An access‑seeker may hold one or more subscription types subject to:

(a)      payment of the subscription fee for each subscription held; and

(b)     the access‑seeker being registered under subsection 7(3) of the Do Not Call Register (Access to Register) Determination 2017.

Note 1:       Access‑seekers may apply for a subscription when registering under subsection 7(3) of the Do Not Call Register (Access to Register) Determination 2017.

Note 2:       Section 10 of the Do Not Call Register (Access to Register) Determination 2017 sets out that registrations under subsection 7(3) of the Do Not Call Register (Access to Register) Determination 2007 current at the commencement of the Do Not Call Register (Access to Register) Determination 2017 continue to have effect under subsection 7(3) of the Do Not Call Register (Access to Register) Determination 2017.

             (2)  However:

(a)       an access‑seeker may only hold one subscription type A at a time; and

(b)      an access‑seeker who holds a subscription type A may not hold any other subscription type while that subscription type A is in force.

             (3)  If an access‑seeker holds two or more subscriptions, for which the subscription periods began on different days:

(a)      any numbers submitted for checking are taken to have been submitted for the subscription which commenced first in time, up to the maximum number of Australian numbers able to be submitted for that subscription; and

(b)     any remaining numbers submitted for checking are taken to have been submitted for the other subscription or subscriptions, in order of commencement, up to the maximum number of Australian numbers able to be submitted for that subscription, or each of those subscriptions.

             (4)  If an access‑seeker:

(a)      holds a current subscription type A; and

(b)     purchases an additional subscription type B, or a higher subscription, before the current subscription type A expires;

the current subscription type A is cancelled from the time of the purchase of the additional subscription, and any unused numbers from the current subscription type A will not be included in the purchased subscription.

             (5)  If an access‑seeker:

(a)        holds a current subscription type B or a higher subscription; and

(b)     purchases an additional subscription type B, or a higher subscription, before the current subscription expires;

any unused numbers from the current subscription will be included in the purchased subscription.

             (6)  If an access‑seeker:

(a)     holds a current subscription type A, or a higher subscription; and

(b)    that subscription expires; and

(c)     then obtains a subscription type A, or purchases a higher subscription;

any unused numbers from the expired subscription will not be included in any purchased subscription.

9           Subscription period

             (1)  The subscription period for an access-seeker who has ordered a type A subscription commences on the day the ACMA, or the contracted service provider on behalf of the ACMA, receives the access-seeker’s order for services.

             (2)  The subscription period for an access-seeker who has ordered a subscription other than a type A subscription commences on the day the ACMA, or the contracted service provider on behalf of the ACMA, receives the access-seeker’s subscription fee, on behalf of the Commonwealth.

             (3)  A subscription period for an access-seeker ends 12 months after the day it commences, unless cancelled by the ACMA under subsection 8(4).

             (4)  The ACMA may agree that the subscription period for an access-seeker commences on the day the access-seeker agrees to pay the subscription fee, where it is not possible or practical for the subscription period to commence in accordance with subsection (2).

10         Orders for services

             (1)  An access-seeker may order a subscription by submitting an order to the ACMA using a method specified by the ACMA.

             (2)  The ACMA may cancel an order for a subscription that is not paid for in full within 14 days of the order being submitted.

             (3)  The ACMA may specify in writing a method or methods of payment by which a subscription must be paid.

11         Suspensions of registration

             (1)  If an access-seeker pays a subscription fee and the payment is subsequently dishonoured the ACMA may suspend the access‑seeker’s registration.

             (2)  If the ACMA suspends an access-seeker’s registration under subsection (1) the ACMA may reactivate the access-seeker’s registration when the access-seeker pays the subscription fee.

             (3)  If an access-seeker’s registration is reactivated under subsection (2), the subscription period for any subscriptions held by the access-seeker subject to a suspension will not be affected by the suspension.

             (4)  The ACMA may suspend an access‑seeker’s registration without notice to the access-seeker in exceptional circumstances, including where there is a suspected misuse of an account, potential fraud, or issues with the access-seeker’s account which may affect the operation or security of the Register.

Note:       Under subsection 7(3) of the Do Not Call Register (Access to Register) Determination 2017, an access-seeker must be registered with the ACMA to be eligible to submit a list of Australian numbers for checking against the register. Suspending the access-seeker’s registration will prevent the access-seeker from submitting a list of Australian numbers for checking against the register.

12         Refunds

                   The ACMA may, on application made by the access‑seeker, refund any part of the fee for a service provided under subsection 19(2) of the Act.


 

Part 3— Savings and Transitional Arrangements

13         Application of Part 3

              This Part applies to a subscription held by an access-seeker under the Do Not Call Register (Access to Register) Determination 2007 (the old Determination).

14         Continued effect of subscription under the old Determination

             (1)  Subject to subsection (3), a subscription held under the old Determination that is current immediately before the commencement of this Determination continues to be current under this Determination.

             (2)  The subscription type applicable to a subscription referred to in subsection (1) is the corresponding subscription type as was held under the old Determination.

Note 1:    Subscription types are identified in the old Determination in column 1 of the table in subsection 4(1) of the old Determination.

             (3)  For the purposes of subsection 7(1), paragraph 8(3)(a) and section 9, the commencement date for a subscription referred to in subsection (1) is the day that the subscription commenced under the old Determination.

             (4)  Current orders for service under section 7 of the old Determination that have not been fulfilled immediately prior to the commencement of this Determination are:

(a)    to be treated as orders for service under subsection 10(1) of this Determination; and

(b)  for the purposes of subsection 10(2), considered to have been submitted on the day the order was submitted under the old Determination.

             (5)  If a subscription referred to in subsection (1) was subject to a suspension under subsection 8(1) of the old Determination immediately prior to the commencement of this Determination, that suspension continues to have effect as if it were imposed under subsection 11(1) of this Determination.

(6)   If a subscription referred to in subsection (1) was subject to a suspension under subsection 8(4) of the old Determination immediately prior to the commencement of this Determination, that suspension continues to have effect as if it were imposed under subsection 11(4) of this Determination.

 

 


 

Endnotes

Endnote 1 – About the endnotes

The endnotes provide information about this compilation and the compiled law.

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law.  The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 

It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made).  If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.  If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

(md not incorp) = misdescribed amendment

am = amended

   cannot be given effect

amdt = amendment

mod = modified/modification

c = clause(s)

No. = Number(s)

Ch = Chapter(s)

par = paragraph(s)/subparagraph(s)

def = definition(s)

   /sub‑subparagraph(s)

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

rep = repealed

exp = expires/expired or ceases/ceased to have effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

underlining = whole or part not

(md) = misdescribed amendment can be given effect

   commenced or to be commenced

 


Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Do Not Call Register (Access Fees) Determination 2017

30 June 2017
(F2017L00841)

1 July 2017 (s.2)

 

Do Not Call Register (Access Fees) Amendment Determination 2021 (No.1)

28 September 2021
(F2021L01328)

1 October 2021 (s.2)

 

 

 

 

 

 

 

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s.2..............................................

rep. s.48D LA

s.4.............................................

rep. s.48C LA

s.7.............................................

am. F2021L01328