Commonwealth of Australia Explanatory Memoranda

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DO NOT CALL REGISTER BILL 2006

                                    2004-2005-2006


        THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA


                                       SENATE



                      DO NOT CALL REGISTER BILL 2006



             SUPPLEMENTARY EXPLANATORY MEMORANDUM



                Amendment to be moved on behalf of the Government


Amendment (1) substitutes subclause 39(2) of the Do Not Call Register Bill 2006 (the
Bill) with a new subclause 39(2), which requires nominations to be made in writing.
Clause 39 provides that, for the purposes of the Bill, an account-holder can nominate an
individual to be the account-holder's nominee. A nominee can make an application for
a number to be entered on the Do Not Call Register under clause 15, or can consent to
receive a telemarketing call on a number that is registered on the Do Not Call Register
(subclause 11(2)).

The effect of the proposed amendment will be that an account-holder must nominate a
person in writing before that person (the nominee) can either apply to have a number
listed on the Register or consent to receive a telemarketing call on a number which is on
the Register. The account holder will not be able to make nominations orally.

The proposed amendment will provide greater certainty about the relationship between
the account-holder and the nominee. There will be written evidence that the account-
holder has nominated another person to register the account-holder's number on the Do
Not Call Register and/or is able to consent to receive telemarketing calls. This in turn
will give a person making a telemarketing call comfort as the account-holder will need
to act positively to give effect to the nomination.


        (Circulated by authority of Senator the Hon. Helen Coonan, Minister for
                Communications, Information Technology and the Arts)