DO NOT CALL REGISTER ACT 2006 - NOTES

DO NOT CALL REGISTER ACT 2006 - NOTES

No. 88, 2006

Compilation No. 16

Compilation date: 1 September 2021

Includes amendments up to: Act No. 13, 2021

Registered: 21 September 2021

About this compilation

This compilation

This is a compilation of the Do Not Call Register Act 2006 that shows the text of the law as amended and in force on 1 September 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 Legislation Register (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 Legislation Register 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 Legislation Register 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1--Introduction

1 Short title

2 Commencement

3 Simplified outline

4 Definitions

5 Telemarketing calls

5A Faxes

5B Marketing faxes

6 Continuity of partnerships

7 Crown to be bound

8 Extension to external Territories

9 Extra-territorial application

Part 2--Rules about making telemarketing calls

10 Simplified outline

11 Unsolicited telemarketing calls must not be made to a number registered on the Do Not Call Register

12 Agreements for the making of telemarketing calls must require compliance with this Act

Part 2A--Rules about sending marketing faxes

12A Simplified outline

12B Unsolicited marketing faxes must not be sent to a number registered on the Do Not Call Register

12C Agreements for the sending of marketing faxes must require compliance with this Act

Part 3--Do Not Call Register

13 Do Not Call Register

14 Eligibility for registration

15 Applications for registration

16 Registration

17 Duration of registration

18 Administration of the Do Not Call Register--determinations

19 Access to the Do Not Call Register

20 Access--determinations

21 Access--fees

22 Application of the Privacy Act 1988 to the contracted service provider

Part 4--Civil penalties

23 Simplified outline

24 Civil penalty orders

25 Maximum penalties for contravention of civil penalty provisions

26 2 or more proceedings may be heard together

27 Time limit for application for an order

28 Civil evidence and procedure rules for civil penalty orders

29 Criminal proceedings not to be brought for contravention of civil penalty provisions

30 Ancillary orders--compensation

31 Ancillary orders--recovery of financial benefit

32 Schedule 3 (infringement notices)

Part 5--Injunctions

33 Simplified outline

34 Injunctions

35 Interim injunctions

36 Discharge etc. of injunctions

37 Certain limits on granting injunctions not to apply

38 Other powers of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) unaffected

Part 6--Miscellaneous

39 Nominees

40 Formal warnings--breach of civil penalty provision

41 Additional ACMA functions

42 Operation of State and Territory laws

43 Implied freedom of political communication

44 Giving effect to international conventions

46 Regulations

Schedule 1--Designated telemarketing calls

1 Object

2 Government bodies and charities

3 Political parties, independent members of parliament, candidates etc.

4 Educational institutions

5 Regulations

6 Authorising the making of telemarketing calls

7 Extended meaning of employee and employer

Schedule 1A--Designated marketing faxes

1 Object

2 Government bodies and charities

3 Political parties, independent members of parliament, candidates etc.

4 Educational institutions

5 Regulations

6 Authorising the sending of marketing faxes

7 Extended meaning of employee and employer

Schedule 2--Consent

1 Object

2 Basic definition

3 Duration of express consent

4 Consent may not be inferred from the publication of an Australian number

5 Regulations about consent

7 Determinations about consent--marketing faxes sent to business numbers

Schedule 3--Infringement notices

1 Object

2 When an infringement notice can be given

3 Matters to be included in an infringement notice

4 Amount of penalty

5 Withdrawal of an infringement notice

6 What happens if the penalty is paid

7 Effect of this Schedule on civil proceedings

8 Appointment of authorised officer

9 Regulations

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

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

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 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.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment 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

Endnote 3--Legislation history

Endnote 4--Amendment history