Commonwealth Numbered Acts Commonwealth Numbered ActsNote: See section 4.
The object of this Schedule is to define the expression consent when used in relation to the making of a telemarketing call.
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).
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.
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the consent is taken to have been withdrawn at the end of the period of 3 months beginning on the day on which the consent was given.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 a telephone number
For the purposes of the application of this Act to a telephone number, consent of:
(a) the relevant telephone account‑holder; or
(b) a nominee of the relevant telephone account‑holder;
may not be inferred from the mere fact that the telephone number has been published.
(1) The regulations may provide that, for the purposes of the application of this Act to a telephone number, the consent of:
(a) the relevant telephone account‑holder; or
(b) a nominee of the relevant telephone 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 a telephone number, the consent of:
(a) the relevant telephone account‑holder; or
(b) a nominee of the relevant telephone account‑holder;
may be inferred in the circumstances specified in the regulations.