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Telemarketing (Protection of Privacy Rights of Residential Telephone Subscribers) Bill 2005

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Telemarketing (Protection of Privacy Rights of Residential Telephone Subscribers) Act 2005 .

2   Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3   Purpose

                   The purpose of this Act is:

(a)     to require the ACCC to establish and maintain a list of telephone numbers of residential subscribers who request not to receive telephone solicitations, and to make the list and parts thereof available for purchase;

(b)     to prohibit any person from making or causing to make a telephone solicitation to the telephone number of any person included in the list maintained by the ACCC;

(c)     to prohibit any person from making or causing to make a telephone solicitation to any person at any time on a Sunday or on a public holiday, or between midnight and 9.00 am or between 8.00 pm and midnight, on any other day.

4.   Definitions

In this Act, unless the contrary intention appears:

ACCC means the Australian Competition and Consumer Commission.

civil penalty provision means any of the following provisions:

                     (a)  subsection 7(1) and (3);

                     (b)  subsection 8(1);

                     (c)  subsection 9(1).

‘Do not call’ register means the list of telephone numbers established under section 6.

established business relationship means a relationship between a seller and a consumer based on:

(a)     the consumer’s purchase, rental or lease of the seller’s goods or services or a financial transaction between the consumer and seller within the eighteen months immediately preceding the date of a telemarketing call; or

(b)     the consumer’s inquiry or application regarding a product or service offered by the seller within three months immediately preceding the date of a telemarketing call.

organisation includes:

(a)     a body corporate; and

(b)     a partnership; and

(c)     a government body; and

(d)     a court or tribunal; and

(e)     an unincorporated body or association.

Express references in this Act to organisations do not imply that references in this Act to persons do not include bodies politic or corporate.

Note:          Paragraph 22(1)(a) of the Acts Interpretation Act 1901 provides that person includes a body politic or corporate as well as an individual.

penalty unit has the meaning given by section 4AA of the Crimes Act 1914 .

person includes a partnership

telephone solicitation means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services, which is transmitted to any person.

telemarketer means a person who engages in telemarketing.

telemarketing means a plan, program or campaign which is conducted to induce purchase of goods or services by use of one or more telephones and which involves one or more telephone calls.

5   Crown to be bound

             (1)  This Act binds the Crown in each of its capacities.

             (2)  This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.

             (3)  The protection in subsection (2) does not apply to an authority of the Crown.