DO NOT CALL REGISTER ACT 2006 - SCHEDULE 2 Consent

DO NOT CALL REGISTER ACT 2006 - SCHEDULE 2

Note:   See section   4.

1   Object

    The object of this Schedule   is to define the expression consent when used in relation to the making of a telemarketing call or the sending of a marketing fax .

Note:   The concept of consent is relevant to section   11 (unsolicited telemarketing calls must not be made to a number registered on the Do Not Call Register) and section   12B (unsolicited marketing faxes must not be sent to a number registered on the Do Not Call Register) .

2   Basic definition

    For the purposes of this Act, consent means:

  (a)   express consent; or

  (b)   consent that can reasonably be inferred from:

  (i)   the conduct; and

  (ii)   the business and other relationships;

    of the individual or organisation concerned.

3   Duration of express consent

    For the purposes of this Act, if:

  (a)   express consent is given; and

  (b)   the consent is not expressed to be for a specified period or for an indefinite period;

the consent is taken to have been withdrawn at the end of the period of 3 months beginning on the day on which the consent was given.

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

    For the purposes of the application of this Act to an Australian number, consent of:

  (a)   the relevant account - holder; or

  (b)   a nominee of the relevant account - holder;

may not be inferred from the mere fact that the number has been published.

5   Regulations about consent

  (1)   The regulations may provide that, for the purposes of the application of this Act to an Australian number, the consent of:

  (a)   the relevant account - holder; or

  (b)   a nominee of the relevant account - holder;

may not be inferred in the circumstances specified in the regulations.

  (2)   The regulations may provide that, for the purposes of the application of this Act to an Australian number, the consent of:

  (a)   the relevant account - holder; or

  (b)   a nominee of the relevant account - holder;

may be inferred in the circumstances specified in the regulations.

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

  (1)   The ACMA may, by legislative instrument, determine that, for the purposes of the application of this Act to a marketing fax sent to a business number, the consent of the relevant account - holder may not be inferred in the circumstances specified in the determination.

  (2)   The ACMA may, by legislative instrument, determine that, for the purposes of the application of this Act to a marketing fax sent to a business number, the consent of the relevant account - holder may be inferred in the circumstances specified in the determination.

  (3)   Before making a determination under subclause   ( 1) or (2), the ACMA must consult the Minister.

  (4)   Before making a determination under subclause   ( 1) or (2), the ACMA must:

  (a)   publish on its website a notice:

  (i)   setting out a draft of the determination; and

  (ii)   inviting persons to make submissions to the ACMA about the draft determination within 14 days after the notice is published; and

  (b)   consider any submissions received within the 14 - day period.

  (5)   Subsection   33(3) of the Acts Interpretation Act 1901 applies to a power conferred on the ACMA by subclause   ( 1) or (2). However, if a variation of a determination under subclause   ( 1) or (2) is a variation of a minor nature, the ACMA is not required to comply with subclause   ( 3) or (4) in relation to the variation.

  (6)   If a determination under subclause   ( 1) or (2) of this clause is inconsistent with regulations made for the purposes of clause   5, the determination has no effect to the extent of the inconsistency.