Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Do Not Call Register Legislation Amendment Bill 2010

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

 

2008-2009-2010

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

DO NOT CALL REGISTER LEGISLATION AMENDMENT BILL 2009

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

Amendments to be moved on behalf of the Government

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Broadband, Communications

and the Digital Economy, Senator the Honourable Stephen Conroy)

 



DO NOT CALL REGISTER LEGISLATION AMENDMENT BILL 2009

 

 

OUTLINE

 

The Do Not Call Register Legislation Amendment Bill 2009 (this Bill) was introduced into the House of Representatives on 26 November 2009. It amends the Do Not Call Register Act 2006 (the DNCR Act) and the Telecommunications Act 1997 . This Bill was immediately referred to the Senate Environment, Communications and the Arts Legislation Committee (the Committee). The Committee’s report was tabled on 25 February 2010. In the report the Committee recommended the Department of Broadband, Communications and the Digital Economy consider, in its statutory review of the DNCR Act, extending the period of registration.

  

The significant amendments proposed to be moved by the Government are:

 

·          amendments to remove the proposal to allow business telephone numbers to be included on the Do Not Call Register, but the eligibility of emergency numbers, government numbers and all fax numbers to be entered on the Register will be retained;

 

·          consequential to the removal of eligibility of business telephone numbers, amendments to remove the concept of ‘registered consent’ (and related ‘industry classification’) that would have enabled registrants to nominate particular industry classifications about which they agree to receive telemarketing calls and marketing faxes;

 

·          amendments enabling the Minister to specify, by legislative instrument, a longer period of time for which numbers remain in force on the Do Not Call Register before they automatically lapse; and

 

·          amendments enabling the Minister to reinstate, by legislative instrument, numbers that have ceased to be on the Register prior to this Bill, due to their lapsing at the end of the current 3 year registration period regime.

 

 

FINANCIAL IMPACT STATEMENT

 

 

The proposed amendments will not have any significant impact on Commonwealth expenditure or revenue.

 



ABBREVIATIONS

 

The following abbreviations are used in the notes on amendments:

 

ACMA:                             Australian Communications and Media Authority

 

Bill:                                    Do Not Call Register Legislation Amendment Bill 2009

 

DNCR Act:                       Do Not Call Register Act 2006

 

Minister:                            Minister for Broadband, Communications and the Digital Economy

 

Register or Do Not            The Do Not Call Register established under the Do Not

Call Register:                     Call Register Act 2006

 

Telecommunications Act:  Telecommunications Act 1997

 



NOTES ON AMENDMENTS

 

Amendment (1) - Schedule 1, page 4 (after line 28), after item 9

 

This amendment inserts a definition of ‘emergency service number’ which is to have the same meaning as in the Telecommunications Act. The Bill proposed to expand the Do Not Call Register to enable all Australian telephone and fax numbers to be registered and so it was not necessary to define ‘emergency service number’. With these amendments proposing that business numbers no longer be eligible to be on the Register, it is necessary to define ‘emergency service number’ as it is now specifically referred to in Amendment (14).

 

Amendment (2) - Schedule 1, item 12, page 5 (lines 12 to 14)

Amendment (3) - Schedule 1, item 14, page 5 (lines 18 to 20)

Amendment (4) - Schedule 1, item 16, page 5 (lines 24 to 27)

Amendment (5) - Schedule 1, item 22, page 8 (lines 12 to 19)

 

Amendments (2) to (4) remove the proposed definitions of the terms ‘express consent’, ‘industry classification’ and ‘registered consent’ respectively. These amendments are a consequence of the removal of the concept of ‘registered consent’.  Registered consent was a new type of consent proposed under the Bill that would have enabled registrants to nominate specific industry classifications about which they agree to receive telemarketing calls or marketing faxes. The decision not to proceed with the proposal to allow business telephone numbers to be entered on the Do Not Call Register, means that the ‘registered consent’ mechanism is no longer required. Amendment (5) is a further consequential amendment, as conferring power on the ACMA to determine an activity is an industry classification is no longer required.

 

Amendment (6) - Schedule 1, item 24, page 8 (line 26) to page 9 (line 6)

 

This amendment is consequential to the amendment to item 52 and the removal of the ‘registered consent’ mechanism from the Bill.

 

Amendment (7) - Schedule 1, items 26 and 27, page 9 (lines 9 to 30)

 

The amendment to item 26, by omitting proposed subsection 11(3A), is consequential to the removal of the concept of ‘registered consent’ and the related ‘industry classification’. The amendment to item 27 is consequential to the amendment to item 26.

 

Amendment (8) - Schedule 1, item 28, page 9 (lines 31 to 33)

 

Amendment (8) retains existing paragraph 12(1)(b) of the DNCR Act but substitutes ‘Australian numbers’ for ‘telephone numbers’. This amendment ensures the reference to eligibility of numbers is retained instead of omitting it as originally proposed under this Bill.

 

 

 

 

 

Amendment (9) - Schedule 1, item 29, page 10 (line 28) to page 11 (line 12)

Amendment (10) - Schedule 1, item 29, page 11 (lines 16 to 33)

Amendment (11) - Schedule 1, item 29, page 12 (line 1)

 

Amendment (9) is consequential to the amendment to item 52. Amendment (10) amends proposed new section 12B by removing subsection (4) which is a consequence of the removal of the concept of ‘registered consent’. Amendment (11) is a consequential amendment to reflect the change in numbering.

 

Amendment (12) - Schedule 1, item 29, page 13 (line 11)

 

This amendment is a consequence of not proceeding with the proposal to allow the registration of business telephone numbers to be entered on the Register and the re-introduction of section 14 of the DNCR Act, being the provision which determines eligibility for registration.

 

Amendment (13) - Schedule 1, item 31, page 14 (lines 6 and 7)

 

This amendment is consequential to the removal of the concept of ‘registered consent’ from the Bill.

 

Amendment (14) - Schedule 1, item 33, page 14 (lines 16 and 17)

 

This Bill originally proposed that all Australian numbers (including business numbers) would be eligible for registration on the Do Not Call Register, which meant that section 14 of the DNCR Act could be repealed in its entirety. It has subsequently been decided not to proceed with the proposal to extend the Do Not Call Register to allow for registration of business telephone numbers until further research and consultation with business stakeholders has been undertaken. This amendment substitutes a new section 14 and makes clear that those Australian numbers eligible to be entered on the Do Not Call Register are numbers either: used or maintained primarily for private or domestic purposes; or used or maintained exclusively for transmitting and/or receiving faxes; or used or maintained exclusively for use by a government body; or are emergency service numbers. If the business number is a fax number, then it is eligible to be entered on the Register.

 

Amendment (15) - Schedule 1, item 34, page 14 (lines 18 and 19)

Amendment (16) - Schedule 1, items 37 and 38, page 14 (line 24) to page 15 (line 25)

 

Amendments (15) and (16) are consequential to the removal of the concept of ‘registered consent’ from the Bill.

 

Amendment (17) - Schedule 1, item 39, page 15 (line 26) to page 16 (line 25)

 

This amendment reinstates the existing section 16 of the DNCR Act but substitutes ‘Australian number’ for ‘telephone number’. The proposed section 16 is no longer required due to the removal of the concept of ‘registered consent’ and ‘industry classification’ from the Bill.

 

Amendment (18) - Schedule 1, item 41, page 16 (lines 28 and 29)

 

This amendment is consequential to the removal of the concept of ‘registered consent’ from the Bill.

 

Amendment (19) - Schedule 1, item 42, page 16 (line 30) to page 17 (line 2)

 

This amendment substitutes a new paragraph 17(1)(b) of the DNCR Act and inserts a new subsection 17(1A) that enables the Minister to specify, by legislative instrument, a longer period for which a number may remain in force on the Register than the         3 years currently prescribed in paragraph 17(1)(b).

 

A number of submissions to the Senate Environment, Communications and the Arts Legislation Committee and the statutory review of the DNCR Act being undertaken by the Department of Broadband, Communications and Digital Economy expressed the view that the registration period should be extended. Amendment (19) enables the Minister to increase the registration period.

 

Amendment (20) - Schedule 1, items 44 and 45, page 17 (lines 5 to 8)

Amendment (21) - Schedule 1, items 47 and 48, page 17 (lines 11 to 14)

 

Amendments (20) and (21) are consequential to the removal of the concept of ‘registered consent’ from this Bill.

 

Amendment (22) - Schedule 1, item 52, page 17 (line 23) to page 18 (line 15)

 

The amendments to item 52 are consequential to the removal of the concept of ‘registered consent’ from this Bill. These amendments do not affect the ability of access-seekers (typically telemarketers and fax marketers) under this Bill to request the ACMA or the contracted service provider, as the case may be, to provide the access-seeker with the information detailing whether numbers contained within a list are or are not on the Register in the format they prefer.

 

Amendment (23) - Schedule 1, item 54, page 18 (line 19)

Amendment (24) - Schedule 1, item 55, page 18 (line 21)

 

Amendments (23) and (24) are consequential to the amendments to section 19 of the DNCR Act in accordance with Amendment (22).

 

Amendment (25) - Schedule 1, items 74 and 75, page 26 (lines 20 to 26)

Amendment (26) - Schedule 1, item 76, page 26 (line 27) to page 27 (line 4)

 

The amendments to items 74, 75 and 76 are consequential to the removal of the concept of ‘registered consent’ from this Bill.

 

Amendment (27) - Schedule 1, item 84, page 27 (line 23) to page 28 (line 23)

 

This amendment omits clause 6 of item 84 which dealt with telemarketing calls made to business numbers. This clause is no longer required with the removal of business telephone numbers from being eligible to be entered on the Do Not Call Register.

 

Amendment (28) - Schedule 1, item 91, page 30 (line 30)

Amendment (29) - Schedule 1, item 91, page 30 (line 32)

 

Amendments (28) and (29) are technical corrections to item 91 paragraphs (d) and (e).

 

Amendment (30) - Schedule 1, page 31 (after line 18), at the end of Part 1

 

This amendment inserts new item 94A to the Bill. This provision enables the Minister, by legislative instrument, to reinstate on the Do Not Call Register those Australian numbers the registration of which has ceased to be in force due to the elapse of 3 years from the date of registration, in accordance with paragraph 17(1)(b) of the DNCR Act as in force before the commencement of this Bill. In the event of the Minister making such a determination, this amendment provides that the re-instatement of the number on the Register will take effect when it is re-entered on the Register and remain in force for the period specified in the instrument.

 

The 3 year anniversary of the commencement of the Do Not Call Register occurs in May 2010. After this time, a substantial proportion of private telephone numbers begin to fall off the Register due to the expiry of their 3 year registration.

 

It is considered that, by enabling the Minister to make a determination as described in this amendment, no persons will be deprived of any rights and nor will this provision impose any liabilities. Individuals who have their numbers reinstated to the Register will benefit in not having to re-register their numbers, especially those persons not aware that their registration was only valid for 3 years. If individuals should decide they do not wish to have their numbers retained on the Do Not Call Register, they may cancel their registration at anytime. This proposed amendment will also assist telemarketers to not contact persons who do not wish to receive telemarketing calls but fell off the Register due to the expiry of their registration.