Do Not Call Register (Access Fees) Determination 2007

as amended

made under subsection 21(1) of the

Do Not Call Register Act 2006

Compilation start date:  8 April 2013

Includes amendments up to: Do Not Call Register (Access Fees) Amendment Determination (No. 1)

About this compilation

The compiled instrument

This is a compilation of the Do Not Call Register (Access Fees) Determination 2007 as amended and in force on 8 April 2013. It includes any amendment affecting the compiled instrument to that date.

This compilation was prepared on 18 April 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is set out in the endnotes.

Modifications

If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.

Contents

1 Name of Determination

2 Commencement

3 Definitions

4 Fees

5 Subscription types

6 Subscription period

7 Orders for services

8 Suspensions of registration

9 Refunds

Endnotes

Endnote 1—Legislation history

Endnote 2—Amendment history

Endnote 3—Application, saving and transitional provisions

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

Endnote 4—Uncommenced amendments

Endnote 5—Misdescribed amendments

1  Name of Determination

  This Determination is the Do Not Call Register (Access Fees) Determination 2007.

2  Commencement

  This Determination commences on 25 May 2007.

3  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 4(3) of the Do Not Call Register (Access to Register) Determination 2007.

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 6 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 4(1).

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

4  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.

 (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) $370 for subscription type C; and

(b) $3200 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 $370 for each subscription.

Note 1: The subscription fee is exempt from GST under subsection 81‑5(2) 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.

 (4) The ACMA must not act under subsection 19(2) of the Act with respect to a list of Australian numbers submitted by an access-seeker under subsection 19(1) of the Act unless the access-seeker holds a current subscription, which has unused numbers equal to or greater than the number of Australian numbers on the list to be checked.

5  Subscription types

 (1) An access‑seeker may hold 1 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 4(3) of the Do Not Call Register (Access to Register) Determination 2007.

Note: Access‑seekers may apply for a subscription when registering under subsection 4(3) of the Do Not Call Register (Access to Register) Determination 2007.

 (2) However:

 (a) an access‑seeker may only hold 1 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 2 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 purchases a subscription type A, or a higher subscription;

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

6  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 5(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 6(2).

7  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 a method or methods of payment by which a subscription must be paid.

8  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 4(3) of the Do Not Call Register (Access to Register) Determination 2007, an access-seeker must be registered with 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.

9  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.

Endnotes

Endnote 1—Legislation history

This endnote sets out details of the legislation history of the Do Not Call Register (Access Fees) Determination 2007.

Endnote 2—Amendment history

This endnote sets out the amendment history of the Do Not Call Register (Access Fees) Determination 2007.

Endnote 3—Application, saving and transitional provisions

This endnote sets out application, saving and transitional provisions for amendments of the Do Not Call Register (Access Fees) Determination 2007.

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

4  Transitional

  The amendments made by Schedule 1 do not apply in relation to:

 (a) a subscription that was purchased for the purposes of the Do Not Call Register Act 2006 before the day on which this Determination commences; or

 (b) an invoice for services provided under subsection 19(2) of the Do Not Call Register Act 2006 that was issued before the day on which this Determination commences.

Endnote 4—Uncommenced amendments

This endnote sets out amendments of the Do Not Call Register (Access Fees) Determination 2007 that have not yet commenced.

There are no uncommenced amendments.

Endnote 5—Misdescribed amendments

This endnote sets out amendments of the Do Not Call Register (Access Fees) Determination 2007 that have been misdescribed.

There are no misdescribed amendments.