{"id":"C2006A00088","name":"Do Not Call Register Act 2006","slug":"do-not-call-register-act-2006","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"88 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7903,"registerId":"commonwealth-C2006A00088-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Introduction","content":"## Part 1—Introduction","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Do Not Call Register Act 2006.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

30 June 2006

2. Sections 3 to 9

The day on which this Act receives the Royal Assent.

30 June 2006

3. Part 2

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

31 May 2007

(see F2007L01114)

4. Part 3

The day on which this Act receives the Royal Assent.

30 June 2006

5. Parts 4 and 5

At the same time as the provision(s) covered by table item 3.

31 May 2007

6. Sections 39 and 40

At the same time as the provision(s) covered by table item 3.

31 May 2007

7. Section 41

The day on which this Act receives the Royal Assent.

30 June 2006

8. Sections 42 to 45

At the same time as the provision(s) covered by table item 3.

31 May 2007

9. Section 46

The day on which this Act receives the Royal Assent.

30 June 2006

10. Schedules 1, 2 and 3

At the same time as the provision(s) covered by table item 3.

31 May 2007

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Simplified outline","content":"#### 3 Simplified outline\n\n The following is a simplified outline of this Act:\n\n• Unsolicited telemarketing calls must not be made to a number registered on the Do Not Call Register.\n\n• Unsolicited marketing faxes must not be sent to a number registered on the Do Not Call Register.\n\n• The main remedies for breaches of this Act are civil penalties and injunctions.\n\n> Note: The Telecommunications Act 1997 contains additional provisions about telemarketing calls and marketing faxes. Those provisions include Part 6 (industry codes and standards), Part 26 (investigations), Part 27 (information‑gathering powers) and Part 31A (enforceable undertakings).","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this Act:\n\n> account includes:\n\n (a) a free account; and\n (b) a pre‑paid account; and\n (c) anything that may reasonably be regarded as the equivalent of an account.\n\n> ACMA means the Australian Communications and Media Authority.\n\n> acquire, when used in relation to goods or services, has the same meaning as in the Competition and Consumer Act 2010.\n\n> agency includes:\n\n (a) an armed force; and\n (b) a police force.\n\n> Australia means the Commonwealth of Australia and, when used in a geographical sense, includes the eligible Territories, but does not include any other external Territory.\n\n> Australian number means a number that is:\n\n (a) specified in:\n (i) the numbering scheme referred to in section 454A of the Telecommunications Act 1997; or\n (ii) the numbering plan referred to in section 455 of that Act; and\n (b) for use in connection with the supply of carriage services to the public in Australia, within the meaning of subsection 456(2) of that Act.\n\n> authorise:\n\n (a) when used in relation to the making of a telemarketing call—has a meaning affected by clause 6 of Schedule 1; or\n (b) when used in relation to the sending of a marketing fax—has a meaning affected by clause 6 of Schedule 1A.\n\n> authorised officer means:\n\n (a) the Chair of the ACMA; or\n (b) a member of the staff of the ACMA appointed under clause 8 of Schedule 3.\n\n> business includes a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis.\n\n> business number means an Australian number other than a number that is used, or maintained, exclusively or primarily for private or domestic purposes.\n\n> candidate means a person who has been nominated as a candidate under:\n\n (a) the Commonwealth Electoral Act 1918; or\n (b) a law of a State or Territory that deals with electoral matters.\n\n> carriage service has the same meaning as in the Telecommunications Act 1997.\n\n> cause:\n\n (a) when used in relation to the making of a telemarketing call—has a meaning affected by subsection 11(9); or\n (b) when used in relation to the sending of a marketing fax—has a meaning affected by subsection 12B(10).\n\n> civil contravention means a contravention of a civil penalty provision.\n\n> civil penalty order means an order under subsection 24(1).\n\n> civil penalty provision means any of the following provisions:\n\n (a) subsection 11(1);\n (b) subsection 11(7);\n (c) subsection 12(1);\n (d) subsection 12(2);\n (da) subsection 12B(1);\n (db) subsection 12B(8);\n (dc) subsection 12C(1);\n (dd) subsection 12C(2);\n (e) a provision of the regulations that is declared to be a civil penalty provision in accordance with paragraph 44(2)(c).\n\n> consent, when used in relation to the making of a telemarketing call or the sending of a marketing fax, has the meaning given by Schedule 2.\n\n> contracted service provider means the person (if any) who keeps the Do Not Call Register as mentioned in paragraph 13(1)(b).\n\n> data processing device has the same meaning as in the Telecommunications Act 1997.\n\n> dealing with:\n\n (a) when used in relation to a telemarketing call—includes retrieving the call from a voicemail system or similar system; or\n (b) when used in relation to a marketing fax—includes:\n (i) printing the fax; and\n (ii) retrieving the fax from a device or a computer system.\n\n> designated marketing fax has the meaning given by Schedule 1A.\n\n> designated telemarketing call has the meaning given by Schedule 1.\n\n> director includes a member of the governing body of an organisation.\n\n> Do Not Call Register means the register kept under section 13.\n\n> educational institution includes:\n\n (a) a pre‑school; and\n (b) a school; and\n (c) a college; and\n (d) a university.\n\n> eligible Territory means:\n\n (a) the Territory of Christmas Island; or\n (b) the Territory of Cocos (Keeling) Islands; or\n (c) an external Territory prescribed for the purposes of section 8.\n\n> emergency service number has the same meaning as in the Telecommunications Act 1997.\n\n> employee:\n\n (a) when used in clause 4 of Schedule 1—has a meaning affected by clause 7 of Schedule 1; or\n (b) when used in clause 4 of Schedule 1A—has a meaning affected by clause 7 of Schedule 1A.\n\n> employer:\n\n (a) when used in clause 4 of Schedule 1—has a meaning affected by clause 7 of Schedule 1; or\n (b) when used in clause 4 of Schedule 1A—has a meaning affected by clause 7 of Schedule 1A.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n> fax has a meaning affected by section 5A.\n\n> Federal Court means the Federal Court of Australia.\n\n> give effect to, in relation to a contract, arrangement or understanding, includes do an act or thing:\n\n (a) in pursuance of; or\n (b) in accordance with;\n the contract, arrangement or understanding.\n\n> goods has the same meaning as in the Competition and Consumer Act 2010.\n\n> government body means:\n\n (a) a department of the Commonwealth, a State or a Territory; or\n (b) an agency, authority or instrumentality of the Commonwealth, a State or a Territory; or\n (c) a department of the government of a foreign country; or\n (d) an agency, authority or instrumentality of the government of a foreign country; or\n (e) a department of the government of a part of a foreign country; or\n (f) an agency, authority or instrumentality of the government of a part of a foreign country.\n\n> infringement notice means an infringement notice under clause 2 of Schedule 3.\n\n> international convention means:\n\n (a) a convention to which Australia is a party; or\n (b) an agreement between Australia and a foreign country.\n\n> investment means any mode of application of money or other property for the purpose of gaining a return (whether by way of income, capital gain or any other form of return).\n\n> make includes attempt to make.\n\n> marketing fax has the meaning given by section 5B.\n\n> mistake means reasonable mistake of fact.\n\n> nominee has the meaning given by section 39.\n\n> organisation includes:\n\n (a) a body corporate; and\n (b) a partnership; and\n (c) a government body; and\n (d) a court or tribunal; and\n (e) an unincorporated body or association.\n Express references in this Act to organisations do not imply that references in this Act to persons do not include bodies politic or corporate.\n\n> Note: Subsection 2C(1) of the Acts Interpretation Act 1901 provides that person includes a body politic or corporate as well as an individual.\n\n> person includes a partnership.\n\n> Note: For treatment of partnerships, see section 585 of the Telecommunications Act 1997.\n\n> publish includes:\n\n (a) publish on the internet; and\n (b) publish to the public or a section of the public.\n\n> registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act.\n\n> registered political party means a political party, or a branch or division of a political party, that is registered under:\n\n (a) the Commonwealth Electoral Act 1918; or\n (b) a law of a State or Territory that deals with electoral matters.\n\n> relevant account‑holder, in relation to an Australian number, means:\n\n (a) if an individual or organisation is solely responsible for the relevant account—the individual or organisation; or\n (b) if 2 or more individuals and/or organisations are jointly responsible for the relevant account—any of those individuals or organisations.\n\n> send includes attempt to send.\n\n> services has the same meaning as in the Competition and Consumer Act 2010.\n\n> supply:\n\n (a) when used in relation to goods or services—has the same meaning as in the Competition and Consumer Act 2010; or\n (b) when used in relation to land—includes transfer; or\n (c) when used in relation to an interest in land—includes transfer or create.\n\n> telemarketing call has the meaning given by section 5.\n\n> voice call means:\n\n (a) a voice call within the ordinary meaning of that expression; or\n (b) a call that involves a recorded or synthetic voice; or\n (c) if a call covered by paragraph (a) or (b) is not practical for a particular recipient with a disability (for example, because the recipient has a hearing impairment)—a call that is equivalent to a call covered by either of those paragraphs;\n whether or not the recipient responds by way of pressing buttons on a telephone handset or similar thing.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Telemarketing calls","content":"#### 5 Telemarketing calls\n\n Basic definition\n (1) For the purposes of this Act, a telemarketing call is a voice call to an Australian number, where, having regard to:\n (a) the content of the call; and\n (b) the presentational aspects of the call; and\n (c) the content that can be obtained using the numbers, URLs or contact information (if any) mentioned in the call; and\n (d) if the number from which the call is made is disclosed to the recipient (whether by calling line identification or otherwise)—the content (if any) that can be obtained by calling that number;\n it would be concluded that the purpose, or one of the purposes, of the call is:\n (e) to offer to supply goods or services; or\n (f) to advertise or promote goods or services; or\n (g) to advertise or promote a supplier, or prospective supplier, of goods or services; or\n (h) to offer to supply land or an interest in land; or\n (i) to advertise or promote land or an interest in land; or\n (j) to advertise or promote a supplier, or prospective supplier, of land or an interest in land; or\n (k) to offer to provide a business opportunity or investment opportunity; or\n (l) to advertise or promote a business opportunity or investment opportunity; or\n (m) to advertise or promote a provider, or prospective provider, of a business opportunity or investment opportunity; or\n (n) to solicit donations; or\n (o) a purpose specified in the regulations.\n (2) For the purposes of paragraphs (1)(e) to (m), it is immaterial whether the goods, services, land, interest or opportunity exists.\n (3) For the purposes of paragraphs (1)(e) to (m), it is immaterial whether it is lawful to acquire the goods, services, land or interest or take up the opportunity.\n (4) Either of the following:\n (a) the supplier or prospective supplier mentioned in paragraph (1)(g) or (j);\n (b) the provider or prospective provider mentioned in paragraph (1)(m);\n may be the individual or organisation who made the call or authorised the making of the call.\n (5) Paragraphs (1)(e) to (o) are to be read independently of each other.\n (6) Subsection (1) has effect subject to subsection (7).\n Excluded calls—regulations\n (7) The regulations may provide that a specified kind of voice call is not a telemarketing call for the purposes of this Act.","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"Faxes","content":"#### 5A Faxes\n\n A reference in this Act to a fax is a reference to a fax, whether or not:\n (a) the fax is a facsimile of a physical document; or\n (b) the fax was created by computer software; or\n (c) the sending of the fax involves the use of:\n (i) a fax machine; or\n (ii) a fax server; or\n (iii) a fax gateway; or\n (iv) a mail‑to‑fax system; or\n (v) equipment specified in the regulations; or\n (vi) a system specified in the regulations.","sortOrder":6},{"sectionNumber":"5B","sectionType":"section","heading":"Marketing faxes","content":"#### 5B Marketing faxes\n\n Basic definition\n (1) For the purposes of this Act, a marketing fax is a fax sent to an Australian number, where, having regard to:\n (a) the content of the fax; and\n (b) the presentational aspects of the fax; and\n (c) the content that can be obtained using the numbers, URLs or contact information (if any) mentioned in the fax;\n it would be concluded that the purpose, or one of the purposes, of the fax is:\n (d) to offer to supply goods or services; or\n (e) to advertise or promote goods or services; or\n (f) to advertise or promote a supplier, or prospective supplier, of goods or services; or\n (g) to offer to supply land or an interest in land; or\n (h) to advertise or promote land or an interest in land; or\n (i) to advertise or promote a supplier, or prospective supplier, of land or an interest in land; or\n (j) to offer to provide a business opportunity or investment opportunity; or\n (k) to advertise or promote a business opportunity or investment opportunity; or\n (l) to advertise or promote a provider, or prospective provider, of a business opportunity or investment opportunity; or\n (m) to solicit donations; or\n (n) a purpose specified in the regulations.\n (2) For the purposes of paragraphs (1)(d) to (l), it is immaterial whether the goods, services, land, interest or opportunity exists.\n (3) For the purposes of paragraphs (1)(d) to (l), it is immaterial whether it is lawful to acquire the goods, services, land or interest or take up the opportunity.\n (4) Either of the following:\n (a) the supplier or prospective supplier mentioned in paragraph (1)(f) or (i);\n (b) the provider or prospective provider mentioned in paragraph (1)(l);\n may be the individual or organisation who sent the fax or authorised the sending of the fax.\n (5) Paragraphs (1)(d) to (n) are to be read independently of each other.\n (6) Subsection (1) has effect subject to subsection (7).\n Excluded faxes—regulations\n (7) The regulations may provide that a specified kind of fax is not a marketing fax for the purposes of this Act.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Continuity of partnerships","content":"#### 6 Continuity of partnerships\n\n For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Crown to be bound","content":"#### 7 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n (3) The protection in subsection (2) does not apply to an authority of the Crown.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Extension to external Territories","content":"#### 8 Extension to external Territories\n\n (1) This Act extends to:\n (a) the Territory of Christmas Island; and\n (b) the Territory of Cocos (Keeling) Islands; and\n (c) such other external Territories (if any) as are prescribed.\n (2) This Act does not extend to Norfolk Island unless it is prescribed.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Extra‑territorial application","content":"#### 9 Extra‑territorial application\n\n Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.","sortOrder":11},{"sectionNumber":"Part 2","sectionType":"part","heading":"Rules about making telemarketing calls","content":"## Part 2—Rules about making telemarketing calls","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Simplified outline","content":"#### 10 Simplified outline\n\n The following is a simplified outline of this Part:\n\n• Unsolicited telemarketing calls must not be made to a number registered on the Do Not Call Register.\n\n• Agreements for the making of telemarketing calls must require compliance with this Act.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Unsolicited telemarketing calls must not be made to a number registered on the Do Not Call Register","content":"#### 11 Unsolicited telemarketing calls must not be made to a number registered on the Do Not Call Register\n\n (1) A person must not make, or cause to be made, a telemarketing call to an Australian number if:\n (a) the number is registered on the Do Not Call Register; and\n (b) the call is not a designated telemarketing call.\n\n> Note: For designated telemarketing call, see Schedule 1.\n\n (2) Subsection (1) does not apply if:\n (a) the relevant account‑holder; or\n (b) a nominee of the relevant account‑holder;\n consented to the making of the call.\n\n> Note 1: For the meaning of consent, see Schedule 2.\n\n> Note 2: For the meaning of nominee, see section 39.\n\n (3) Subsection (1) does not apply if:\n (a) the number was included on a list that was submitted by the person under subsection 19(1); and\n (b) during the 30‑day period ending at the end of the day on which the call was made:\n (i) the person received information under paragraph 19(2)(d) in response to the submission of the list, but that information did not state that the number was registered on the Do Not Call Register; or\n (ii) the person was informed under paragraph 19(2)(e), in response to the submission of the list, that the number was not registered on the Do Not Call Register; or\n (iii) under paragraph 19(2)(f), in response to the submission of the list, the person was given a list that included the number.\n For the purposes of this subsection, a list may consist of a single Australian number.\n\n> Note: Section 19 deals with access to the Do Not Call Register.\n\n (4) Subsection (1) does not apply if the person made the call, or caused the call to be made, by mistake.\n (5) Subsection (1) does not apply if the person took reasonable precautions, and exercised due diligence, to avoid the contravention.\n (6) A person who wishes to rely on subsection (2), (3), (4) or (5) bears an evidential burden in relation to that matter.\n Ancillary contraventions\n (7) A person must not:\n (a) aid, abet, counsel or procure a contravention of subsection (1); or\n (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or\n (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or\n (d) conspire with others to effect a contravention of subsection (1).\n Civil penalty provisions\n (8) Subsections (1) and (7) are civil penalty provisions.\n\n> Note: Part 4 provides for pecuniary penalties for breaches of civil penalty provisions.\n\n Extended meaning of cause\n (9) For the purposes of this section, if:\n (a) a person (the first person) enters into a contract or arrangement, or arrives at an understanding, with another person; and\n (c) the other person, or an employee or agent of the other person, gives effect to the contract, arrangement or understanding by making a telemarketing call;\n the first person is taken to have caused the telemarketing call to be made.\n (10) Paragraph (9)(a) applies to contracts or arrangements entered into, or understandings arrived at, before, at or after the commencement of this section.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Agreements for the making of telemarketing calls must require compliance with this Act","content":"#### 12 Agreements for the making of telemarketing calls must require compliance with this Act\n\n (1) A person (the first person) must not enter into a contract or arrangement, or arrive at an understanding, with another person, if:\n (a) there is a reasonable likelihood that the other person will give effect to the contract, arrangement or understanding by:\n (i) making telemarketing calls; or\n (ii) causing any or all of the employees or agents of the other person to make telemarketing calls; and\n (b) there is a reasonable likelihood that some or all of those calls will be made to Australian numbers that, under section 14, are eligible to be entered on the Do Not Call Register; and\n (c) the contract, arrangement or understanding does not contain an express provision to the effect that the other person will:\n (i) in any case—comply with this Act; and\n (ii) if subparagraph (a)(ii) applies—take all reasonable steps to ensure that the employees and agents of the other person comply with this Act;\n in relation to the making of telemarketing calls that are made in order to give effect to the contract, arrangement or understanding.\n Ancillary contraventions\n (2) A person must not:\n (a) aid, abet, counsel or procure a contravention of subsection (1); or\n (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or\n (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or\n (d) conspire with others to effect a contravention of subsection (1).\n Civil penalty provisions\n (3) Subsections (1) and (2) are civil penalty provisions.\n\n> Note: Part 4 provides for pecuniary penalties for breaches of civil penalty provisions.\n\n Validity of contracts, arrangements or understandings\n (4) A failure to comply with subsection (1) does not affect the validity of any contract, arrangement or understanding.","sortOrder":15},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Rules about sending marketing faxes","content":"## Part 2A—Rules about sending marketing faxes","sortOrder":16},{"sectionNumber":"12A","sectionType":"section","heading":"Simplified outline","content":"#### 12A Simplified outline\n\n The following is a simplified outline of this Part:\n\n• Unsolicited marketing faxes must not be sent to a number registered on the Do Not Call Register.\n\n• Agreements for the sending of marketing faxes must require compliance with this Act.","sortOrder":17},{"sectionNumber":"12B","sectionType":"section","heading":"Unsolicited marketing faxes must not be sent to a number registered on the Do Not Call Register","content":"#### 12B Unsolicited marketing faxes must not be sent to a number registered on the Do Not Call Register\n\n (1) A person must not send, or cause to be sent, a marketing fax to an Australian number if:\n (a) the number is registered on the Do Not Call Register; and\n (b) the fax is not a designated marketing fax.\n\n> Note: For designated marketing fax, see Schedule 1A.\n\n (2) Subsection (1) does not apply if:\n (a) the relevant account‑holder; or\n (b) a nominee of the relevant account‑holder;\n consented to the sending of the fax.\n\n> Note 1: For the meaning of consent, see Schedule 2.\n\n> Note 2: For the meaning of nominee, see section 39.\n\n (3) Subsection (1) does not apply if:\n (a) the number was included on a list that was submitted by the person under subsection 19(1); and\n (b) during the 30‑day period ending at the end of the day on which the fax was sent:\n (i) the person received information under paragraph 19(2)(d) in response to the submission of the list, but that information did not state that the number was registered on the Do Not Call Register; or\n (ii) the person was informed under paragraph 19(2)(e), in response to the submission of the list, that the number was not registered on the Do Not Call Register; or\n (iii) under paragraph 19(2)(f), in response to the submission of the list, the person was given a list that included the number.\n For the purposes of this subsection, a list may consist of a single Australian number.\n\n> Note: Section 19 deals with access to the Do Not Call Register.\n\n (5) Subsection (1) does not apply if the person sent the fax, or caused the fax to be sent, by mistake.\n (6) Subsection (1) does not apply if the person took reasonable precautions, and exercised due diligence, to avoid the contravention.\n (7) A person who wishes to rely on subsection (2), (3), (5) or (6) bears an evidential burden in relation to that matter.\n Ancillary contraventions\n (8) A person must not:\n (a) aid, abet, counsel or procure a contravention of subsection (1); or\n (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or\n (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or\n (d) conspire with others to effect a contravention of subsection (1).\n Civil penalty provisions\n (9) Subsections (1) and (8) are civil penalty provisions.\n\n> Note: Part 4 provides for pecuniary penalties for breaches of civil penalty provisions.\n\n Extended meaning of cause\n (10) For the purposes of this section, if:\n (a) a person (the first person) enters into a contract or arrangement, or arrives at an understanding, with another person; and\n (c) the other person, or an employee or agent of the other person, gives effect to the contract, arrangement or understanding by sending a marketing fax;\n the first person is taken to have caused the marketing fax to be sent.\n (11) Paragraph (10)(a) applies to contracts or arrangements entered into, or understandings arrived at, before, at or after the commencement of this section.","sortOrder":18},{"sectionNumber":"12C","sectionType":"section","heading":"Agreements for the sending of marketing faxes must require compliance with this Act","content":"#### 12C Agreements for the sending of marketing faxes must require compliance with this Act\n\n (1) A person (the first person) must not enter into a contract or arrangement, or arrive at an understanding, with another person, if:\n (a) there is a reasonable likelihood that the other person will give effect to the contract, arrangement or understanding by:\n (i) sending marketing faxes; or\n (ii) causing any or all of the employees or agents of the other person to send marketing faxes; and\n (b) there is a reasonable likelihood that some or all of those faxes will be sent to Australian numbers that, under section 14, are eligible to be entered on the Do Not Call Register; and\n (c) the contract, arrangement or understanding does not contain an express provision to the effect that the other person will:\n (i) in any case—comply with this Act; and\n (ii) if subparagraph (a)(ii) applies—take all reasonable steps to ensure that the employees and agents of the other person comply with this Act;\n in relation to the sending of marketing faxes that are sent in order to give effect to the contract, arrangement or understanding.\n Ancillary contraventions\n (2) A person must not:\n (a) aid, abet, counsel or procure a contravention of subsection (1); or\n (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or\n (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or\n (d) conspire with others to effect a contravention of subsection (1).\n Civil penalty provisions\n (3) Subsections (1) and (2) are civil penalty provisions.\n\n> Note: Part 4 provides for pecuniary penalties for breaches of civil penalty provisions.\n\n Validity of contracts, arrangements or understandings\n (4) A failure to comply with subsection (1) does not affect the validity of any contract, arrangement or understanding.","sortOrder":19},{"sectionNumber":"Part 3","sectionType":"part","heading":"Do Not Call Register","content":"## Part 3—Do Not Call Register","sortOrder":20},{"sectionNumber":"13","sectionType":"section","heading":"Do Not Call Register","content":"#### 13 Do Not Call Register\n\n (1) The ACMA must:\n (a) keep; or\n (b) arrange for another person (the contracted service provider) to keep, on behalf of the ACMA;\n a register of Australian numbers for the purposes of this Act.\n (2) The register is to be known as the Do Not Call Register.\n (3) The register is to be kept in electronic form.\n (4) The register is not a legislative instrument.\n (5) The ACMA must begin to comply with subsection (1) as soon as practicable after the commencement of this section.\n (6) For the purposes of the Privacy Act 1988, the primary purpose of the Do Not Call Register is to facilitate:\n (a) the prohibition, under section 11, of unsolicited telemarketing calls (other than designated telemarketing calls); and\n (b) the prohibition, under section 12B, of unsolicited marketing faxes (other than designated marketing faxes).","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"Eligibility for registration","content":"#### 14 Eligibility for registration\n\n An Australian number is eligible to be entered on the Do Not Call Register if:\n (a) it is used or maintained primarily for private or domestic purposes; or\n (b) it is used or maintained exclusively for transmitting and/or receiving faxes; or\n (c) it is used or maintained exclusively for use by a government body; or\n (d) it is an emergency service number.","sortOrder":22},{"sectionNumber":"15","sectionType":"section","heading":"Applications for registration","content":"#### 15 Applications for registration\n\n An application for an Australian number to be entered on the Do Not Call Register:\n (a) may be made by:\n (i) the relevant account‑holder; or\n (ii) a nominee of the relevant account‑holder; and\n (b) is to be made to:\n (i) if the Do Not Call Register is kept by the ACMA—the ACMA; or\n (ii) if the Do Not Call Register is kept by the contracted service provider—the contracted service provider on behalf of the ACMA; and\n (c) is to be in the applicable form (if any) specified in a determination under subsection 18(1); and\n (d) is to be made in the applicable manner (if any) specified in a determination under subsection 18(1).\n\n> Note: For the meaning of nominee, see section 39.","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Registration","content":"#### 16 Registration\n\n If:\n (a) an application is made for an Australian number to be entered on the Do Not Call Register; and\n (b) the applicant satisfies:\n (i) if the Do Not Call Register is kept by the ACMA—the ACMA; or\n (ii) if the Do Not Call Register is kept by the contracted service provider—the contracted service provider on behalf of the ACMA;\n that the number is eligible to be entered on the Do Not Call Register;\n then:\n (c) if the Do Not Call Register is kept by the ACMA—the ACMA; or\n (d) if the Do Not Call Register is kept by the contracted service provider—the contracted service provider on behalf of the ACMA;\n must enter the number on the Do Not Call Register.","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Duration of registration","content":"#### 17 Duration of registration\n\n (1) The registration of an Australian number on the Do Not Call Register:\n (a) takes effect when it is entered on the Do Not Call Register; and\n (b) unless sooner removed from the Do Not Call Register in accordance with a determination under subsection 18(1), remains in force indefinitely.\n (3) If an Australian number is removed from the Do Not Call Register, this Act does not prevent the number from being re‑registered on the Do Not Call Register.","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Administration of the Do Not Call Register—determinations","content":"#### 18 Administration of the Do Not Call Register—determinations\n\n (1) The ACMA may make a determination that makes provision for and in relation to any or all of the following:\n (a) the form of applications for Australian numbers to be entered on the Do Not Call Register;\n (b) the manner in which such applications are to be made;\n (c) the manner in which entries are to be made on the Do Not Call Register;\n (d) the correction of entries in the Do Not Call Register;\n (e) the removal of entries from the Do Not Call Register;\n (f) any other matter relating to the administration or operation of the Do Not Call Register.\n (2) A determination under subsection (1) is a legislative instrument.\n (3) A determination under subsection (1) is to be an instrument of a legislative character.","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Access to the Do Not Call Register","content":"#### 19 Access to the Do Not Call Register\n\n (1) A person (the access‑seeker) who wishes to access the Do Not Call Register may submit a list of Australian numbers to:\n (a) if the Do Not Call Register is kept by the ACMA—the ACMA; or\n (b) if the Do Not Call Register is kept by the contracted service provider—the contracted service provider on behalf of the ACMA.\n For this purpose, a list may consist of a single Australian number.\n (2) If the access‑seeker has paid the applicable fee (if any) determined under subsection 21(1), then:\n (a) if the Do Not Call Register is kept by the ACMA—the ACMA; or\n (b) if the Do Not Call Register is kept by the contracted service provider—the contracted service provider on behalf of the ACMA;\n must:\n (c) check the Australian numbers on the access‑seeker’s list against the Australian numbers registered on the Do Not Call Register; and\n (d) if the access‑seeker requests the ACMA or the contracted service provider, as the case may be, to do so—inform the access‑seeker which numbers (if any) on the access‑seeker’s list are registered on the Do Not Call Register; and\n (e) if the access‑seeker requests the ACMA or the contracted service provider, as the case may be, to do so—inform the access‑seeker which numbers (if any) on the access‑seeker’s list are not registered on the Do Not Call Register; and\n (f) if the access‑seeker requests the ACMA or the contracted service provider, as the case may be, to do so—return the access‑seeker’s list, modified by the deletion of the numbers (if any) registered on the Do Not Call Register.\n (4) A submission under subsection (1) is to be made in the applicable manner (if any) specified in a determination under subsection 20(1).","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Access—determinations","content":"#### 20 Access—determinations\n\n (1) The ACMA may make a determination that makes provision for and in relation to any or all of the following:\n (a) the manner in which a submission under subsection 19(1) is to be made;\n (b) the manner in which information under paragraph 19(2)(d) or (e) is to be given;\n (c) the manner in which a list is to be returned under paragraph 19(2)(f);\n (d) any other matter relating to access to the Do Not Call Register.\n Determinations\n (2) A determination under subsection (1) is a legislative instrument.\n (3) A determination under subsection (1) is to be an instrument of a legislative character.","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Access—fees","content":"#### 21 Access—fees\n\n (1) The ACMA may make a determination that makes provision for and in relation to either or both of the following:\n (a) fees payable for services provided under subsection 19(2);\n (b) refunds of fees for those services.\n Exemptions\n (2) The ACMA may make a determination that makes provision for and in relation to exemptions from fees for services provided under subsection 19(2).\n (3) The Minister may make a determination that makes provision for and in relation to exemptions from fees for services provided under subsection 19(2).\n (4) If one or more determinations are in force under subsection (3), a determination under subsection (2) has no effect except to the extent to which it makes provision for and in relation to exemptions that are in addition to exemptions dealt with by the determinations under subsection (3).\n Other matters\n (5) A fee must not be such as to amount to taxation.\n (6) A fee is payable to the ACMA on behalf of the Commonwealth.\n (7) Section 60 of the Australian Communications and Media Authority Act 2005 does not apply in relation to services provided under subsection 19(2).\n\n> Note: Section 60 of the Australian Communications and Media Authority Act 2005 deals with charges relating to the ACMA’s expenses.\n\n Determinations\n (8) A determination under subsection (1), (2) or (3) is a legislative instrument.\n (9) A determination under subsection (1), (2), or (3) is to be an instrument of a legislative character.","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Application of the Privacy Act 1988 to the contracted service provider","content":"#### 22 Application of the Privacy Act 1988 to the contracted service provider\n\n (1) For the purposes of the Privacy Act 1988, if the Do Not Call Register is kept by the contracted service provider under a contract:\n (a) the keeping of the Do Not Call Register by the contracted service provider; and\n (b) the operation of the Do Not Call Register by the contracted service provider; and\n (c) the performance of a function, or the exercise of a power, by the contracted service provider under:\n (i) this Part; or\n (ii) a determination under this Part;\n is taken to be the provision of a service to the ACMA under the contract.\n (2) Subsection (1) is enacted for the avoidance of doubt.","sortOrder":30},{"sectionNumber":"Part 4","sectionType":"part","heading":"Civil penalties","content":"## Part 4—Civil penalties","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Simplified outline","content":"#### 23 Simplified outline\n\n The following is a simplified outline of this Part:\n\n• Pecuniary penalties are payable for contraventions of civil penalty provisions.\n\n• Proceedings for the recovery of penalties are to be instituted in the Federal Court or the Federal Circuit and Family Court of Australia (Division 2).\n\n> Note: Schedule 3 sets up a system of infringement notices relating to contraventions of civil penalty provisions.","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Civil penalty orders","content":"#### 24 Civil penalty orders\n\n (1) If the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) is satisfied that a person has contravened a civil penalty provision, the court may, on the application of the ACMA, order the person to pay to the Commonwealth a pecuniary penalty.\n (2) An order under subsection (1) is to be known as a civil penalty order.\n Determining pecuniary penalty\n (3) In determining the pecuniary penalty, the court must have regard to all relevant matters, including:\n (a) the nature and extent of the contravention; and\n (b) the nature and extent of any loss or damage suffered as a result of the contravention; and\n (c) the circumstances in which the contravention took place; and\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n (e) if the court considers that it is appropriate to do so—whether the person has previously been found by a court in a foreign country to have engaged in any similar conduct.\n Civil enforcement of penalty\n (4) The pecuniary penalty is a civil debt payable to the Commonwealth. The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Maximum penalties for contravention of civil penalty provisions","content":"#### 25 Maximum penalties for contravention of civil penalty provisions\n\n (1) The maximum penalty payable under subsection 24(1) by a person in respect of a contravention of a civil penalty provision depends on:\n (a) whether the person has a prior record in relation to the civil penalty provision (see subsection (2)); and\n (b) whether the person is a body corporate; and\n (c) whether the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8).\n Prior record\n (2) If:\n (a) on a particular day (the first day), the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) makes a civil penalty order against a person in respect of a contravention of a particular civil penalty provision; and\n (b) that is the first occasion on which a court makes a civil penalty order against the person in respect of a contravention of the civil penalty provision;\n then, for the purposes of determining the penalty payable under subsection 24(1) by the person in respect of a contravention of the civil penalty provision that occurs after the first day, the person has a prior record in relation to the civil penalty provision.\n Maximum penalty payable by body corporate—no prior record\n (3) If a body corporate does not have a prior record in relation to a particular civil penalty provision:\n (a) the penalty payable under subsection 24(1) by the body corporate in respect of a contravention of the civil penalty provision must not exceed:\n (i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8)—100 penalty units; or\n (ii) in any other case—50 penalty units; and\n (b) if the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) finds that the body corporate has, on a particular day, committed 2 or more contraventions of the civil penalty provision—the total of the penalties payable under subsection 24(1) by the body corporate in respect of those contraventions must not exceed:\n (i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8)—2,000 penalty units; or\n (ii) in any other case—1,000 penalty units.\n Maximum penalty payable by a person other than a body corporate—no prior record\n (4) If a person other than a body corporate does not have a prior record in relation to a particular civil penalty provision:\n (a) the penalty payable under subsection 24(1) by the person in respect of a contravention of the civil penalty provision must not exceed:\n (i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8)—20 penalty units; or\n (ii) in any other case—10 penalty units; and\n (b) if the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) finds that the person has, on a particular day, committed 2 or more contraventions of the civil penalty provision—the total of the penalties payable under subsection 24(1) by the person in respect of those contraventions must not exceed:\n (i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8)—400 penalty units; or\n (ii) in any other case—200 penalty units.\n Maximum penalty payable by body corporate—prior record\n (5) If a body corporate has a prior record in relation to a particular civil penalty provision:\n (a) the penalty payable under subsection 24(1) by the body corporate in respect of a contravention of the civil penalty provision must not exceed:\n (i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8)—500 penalty units; or\n (ii) in any other case—250 penalty units; and\n (b) if the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) finds that the body corporate has, on a particular day, committed 2 or more contraventions of the civil penalty provision—the total of the penalties payable under subsection 24(1) by the body corporate in respect of those contraventions must not exceed:\n (i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8)—10,000 penalty units; or\n (ii) in any other case—5,000 penalty units.\n Maximum penalty payable by a person other than a body corporate—prior record\n (6) If a person other than a body corporate has a prior record in relation to a particular civil penalty provision:\n (a) the penalty payable under subsection 24(1) by the person in respect of a contravention of the civil penalty provision must not exceed:\n (i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8)—100 penalty units; or\n (ii) in any other case—50 penalty units; and\n (b) if the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) finds that the person has, on a particular day, committed 2 or more contraventions of the civil penalty provision—the total of the penalties payable under subsection 24(1) by the person in respect of those contraventions must not exceed:\n (i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8)—2,000 penalty units; or\n (ii) in any other case—1,000 penalty units.","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"2 or more proceedings may be heard together","content":"#### 26 2 or more proceedings may be heard together\n\n The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may direct that 2 or more proceedings for civil penalty orders are to be heard together.","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Time limit for application for an order","content":"#### 27 Time limit for application for an order\n\n Proceedings for a civil penalty order may be started no later than 6 years after the contravention.","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Civil evidence and procedure rules for civil penalty orders","content":"#### 28 Civil evidence and procedure rules for civil penalty orders\n\n The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Criminal proceedings not to be brought for contravention of civil penalty provisions","content":"#### 29 Criminal proceedings not to be brought for contravention of civil penalty provisions\n\n Criminal proceedings do not lie against a person only because the person has contravened a civil penalty provision.","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Ancillary orders—compensation","content":"#### 30 Ancillary orders—compensation\n\n (1) If:\n (a) in one or more proceedings under section 24, the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) finds that a person (the perpetrator) has contravened one or more civil penalty provisions; and\n (b) the court is satisfied that another person (the victim) has suffered loss or damage as a result of any or all of those contraventions;\n the court may, on the application of the ACMA or the victim, make an order that the court considers appropriate directing the perpetrator to compensate the victim.\n (2) In determining whether a person (the victim) has suffered loss or damage as a result of one or more contraventions by another person of section 11 in relation to the making of one or more telemarketing calls, and in assessing the amount of compensation payable, the court may have regard to the following:\n (a) the extent to which any expenses incurred by the victim are attributable to dealing with the calls;\n (b) the effect of dealing with the calls on the victim’s ability to carry on business or other activities;\n (c) any damage to the reputation of the victim’s business that is attributable to dealing with the calls;\n (d) any loss of business opportunities suffered by the victim as a result of dealing with the calls;\n (e) any other matters that the court considers relevant.\n (2A) In determining whether a person (the victim) has suffered loss or damage as a result of one or more contraventions by another person of section 12B in relation to the sending of one or more marketing faxes, and in assessing the amount of compensation payable, the court may have regard to the following:\n (a) the extent to which any expenses incurred by the victim are attributable to dealing with the faxes;\n (b) the effect of dealing with the faxes on the victim’s ability to carry on business or other activities;\n (c) any damage to the reputation of the victim’s business that is attributable to dealing with the faxes;\n (d) any loss of business opportunities suffered by the victim as a result of dealing with the faxes;\n (e) any other matters that the court considers relevant.\n (3) The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may make an order under subsection (1), whether or not it makes a civil penalty order.\n (4) An application under subsection (1) may be made at any time within 6 years after the contravention concerned.","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Ancillary orders—recovery of financial benefit","content":"#### 31 Ancillary orders—recovery of financial benefit\n\n (1) If:\n (a) in one or more proceedings under section 24, the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) finds that a person has contravened one or more civil penalty provisions; and\n (b) the court is satisfied that the person has obtained (whether directly or indirectly) a financial benefit that is reasonably attributable to any or all of those contraventions;\n the court may, on the application of the ACMA, make an order directing the person to pay to the Commonwealth an amount up to the amount of the financial benefit.\n (2) The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may make an order under subsection (1), whether or not it makes a civil penalty order.\n (3) An application under subsection (1) may be made at any time within 6 years after the contravention concerned.","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Schedule 3 (infringement notices)","content":"#### 32 Schedule 3 (infringement notices)\n\n Schedule 3 has effect.","sortOrder":41},{"sectionNumber":"Part 5","sectionType":"part","heading":"Injunctions","content":"## Part 5—Injunctions","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":"Simplified outline","content":"#### 33 Simplified outline\n\n The following is a simplified outline of this Part:\n\n• The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may grant injunctions in relation to contraventions of civil penalty provisions.","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Injunctions","content":"#### 34 Injunctions\n\n Restraining injunctions\n (1) If a person has engaged, is engaging or is proposing to engage, in any conduct in contravention of a civil penalty provision, the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may, on the application of the ACMA, grant an injunction:\n (a) restraining the person from engaging in the conduct; and\n (b) if, in the court’s opinion, it is desirable to do so—requiring the person to do something.\n Performance injunctions\n (2) If:\n (a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision;\n the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may, on the application of the ACMA, grant an injunction requiring the person to do that act or thing.","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Interim injunctions","content":"#### 35 Interim injunctions\n\n Grant of interim injunction\n (1) If an application is made to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an injunction under section 34, the court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that section.\n No undertakings as to damages\n (2) The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) is not to require an applicant for an injunction under section 34, as a condition of granting an interim injunction, to give any undertakings as to damages.","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Discharge etc. of injunctions","content":"#### 36 Discharge etc. of injunctions\n\n The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may discharge or vary an injunction granted by it under this Part.","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"Certain limits on granting injunctions not to apply","content":"#### 37 Certain limits on granting injunctions not to apply\n\n Restraining injunctions\n (1) The power of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under this Part to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n (a) if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n (b) if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n Performance injunctions\n (2) The power of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) to grant an injunction requiring a person to do an act or thing may be exercised:\n (a) if the court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n (b) if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Other powers of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) unaffected","content":"#### 38 Other powers of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) unaffected\n\n The powers conferred on the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under this Part are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.","sortOrder":48},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"## Part 6—Miscellaneous","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"Nominees","content":"#### 39 Nominees\n\n Nomination by relevant account‑holder\n (1) For the purposes of the application of this Act to an Australian number, if:\n (a) the relevant account‑holder has nominated an individual in relation to the number; and\n (b) the nomination has not been withdrawn;\n the individual is a nominee of the relevant account‑holder.\n (2) A nomination, or a withdrawal of a nomination, must be in writing.\n (3) This Act does not prevent 2 or more individuals from being nominated in relation to the same Australian number.\n Deemed nominee\n (4) The regulations may provide that, for the purposes of the application of this Act to an Australian number, an individual is taken to be a nominee of the relevant account‑holder in the circumstances specified in the regulations.\n Principles of agency not limited\n (5) References in this Act to a nominee do not, by implication, limit the application of the principles of agency to a matter arising under this Act.","sortOrder":50},{"sectionNumber":"40","sectionType":"section","heading":"Formal warnings—breach of civil penalty provision","content":"#### 40 Formal warnings—breach of civil penalty provision\n\n The ACMA may issue a formal warning if a person contravenes a civil penalty provision.","sortOrder":51},{"sectionNumber":"41","sectionType":"section","heading":"Additional ACMA functions","content":"#### 41 Additional ACMA functions\n\n The ACMA has the following functions:\n (a) to conduct and/or co‑ordinate community education programs about unsolicited telemarketing calls and unsolicited marketing faxes, in consultation with relevant industry and consumer groups and government agencies;\n (b) to conduct and/or commission research into issues relating to unsolicited telemarketing calls and unsolicited marketing faxes;\n (c) to liaise with regulatory and other relevant bodies overseas about co‑operative arrangements for the prohibition or regulation of unsolicited telemarketing calls and unsolicited marketing faxes.","sortOrder":52},{"sectionNumber":"42","sectionType":"section","heading":"Operation of State and Territory laws","content":"#### 42 Operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act.","sortOrder":53},{"sectionNumber":"43","sectionType":"section","heading":"Implied freedom of political communication","content":"#### 43 Implied freedom of political communication\n\n This Act does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.","sortOrder":54},{"sectionNumber":"44","sectionType":"section","heading":"Giving effect to international conventions","content":"#### 44 Giving effect to international conventions\n\n (1) The regulations may make provision for and in relation to giving effect to an international convention that deals with telemarketing calls or marketing faxes.\n (2) Regulations made for the purposes of subsection (1) may:\n (a) vest the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) with jurisdiction in a matter or matters arising under the regulations; and\n (b) prescribe penalties, not exceeding a fine of 50 penalty units, for offences against the regulations; and\n (c) declare that a specified provision of the regulations is a civil penalty provision for the purposes of this Act.","sortOrder":55},{"sectionNumber":"46","sectionType":"section","heading":"Regulations","content":"#### 46 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted to be prescribed by this Act; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":56}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original Act focused solely on telemarketing phone calls. Scope was subsequently expanded to include marketing faxes (via Part 2A and Schedule 1A), which created a parallel but separate regulatory regime for fax-based marketing. The addition of fax provisions effectively doubled the operative parts of the Act and added new civil penalty provisions (subsections 12B and 12C). The Act also extended exemptions to local governing body members and candidates at the local government level, and incorporated provisions for giving effect to international conventions, indicating broader geographic and diplomatic reach than the original telemarketing-only framework."},"complexity_factors":["Dual regulatory regime covering both telemarketing calls AND marketing faxes with near-identical but parallel provisions, doubling the legislative machinery","Multiple layered exemptions ('designated telemarketing calls' and 'designated marketing faxes') with different conditions for different categories of exempt callers","Complex consent framework in Schedule 2 with rules about express consent, inferred consent, duration, and specific carve-outs","Tiered penalty structure with different maximums depending on: prior record, body corporate vs individual, type of civil penalty provision, and number of contraventions on a single day","Three separate enforcement pathways: civil penalty orders (court), infringement notices, and injunctions — each with different procedural rules","Concept of 'designated telemarketing call/fax' spread across two detailed Schedules (1 and 1A) requiring cross-referencing","Extended definitions of 'employee' and 'employer' in Schedules 1 and 1A that extend well beyond ordinary meaning (e.g., MPs are deemed employees of the Crown for certain purposes)","Privacy Act 1988 interaction for contracted Register operators adds an additional regulatory layer","Extra-territorial application provisions and interaction with international conventions adds cross-border complexity","Register access mechanism with 30-day safe harbour creates nuanced compliance obligations for businesses"],"plain_english_summary":"## What is this law?\n\nThe **Do Not Call Register Act 2006** is Australia's national opt-out system that protects people from unwanted telemarketing phone calls and marketing faxes.\n\n## What does it actually do?\n\n**The core idea is simple:** If you register your phone number on the Do Not Call Register, telemarketers and fax marketers are legally prohibited from contacting you on that number — unless you've given them permission.\n\n### Who can register?\nYou can add your number to the Register if it is used:\n- Primarily for **personal or home use** (your home phone or personal mobile)\n- Exclusively for **sending/receiving faxes**\n- Exclusively by a **government body**\n- As an **emergency service number**\n\nNote: Standard **business numbers** generally cannot be registered.\n\n### Who is prohibited from calling?\nAny person or business making **telemarketing calls** (calls trying to sell you something, promote goods/services, advertise investment opportunities, or solicit donations) to a registered number is breaking the law.\n\n### Who is *allowed* to still contact you even if you're registered?\nCertain callers are **exempt** — they can still call/fax registered numbers:\n- **Government bodies** and **registered charities** (for their own goods/services)\n- **Political parties**, **independent MPs**, and **election candidates** (for fundraising purposes)\n- **Educational institutions** contacting current or former students (or their household members)\n\n### What if you gave permission?\nIf you (or someone you've nominated to act for you) **consented** to being contacted, the prohibition doesn't apply. However, if you gave consent without specifying a timeframe, it automatically **expires after 3 months**. Just because your number is publicly listed does NOT count as consent.\n\n### How does a business check before calling?\nBusinesses can **submit a list of numbers** to the Register operator (the Australian Communications and Media Authority — ACMA — or its contracted agent) to check which numbers are registered. There's a fee for this service. If the check shows a number isn't registered, the business has a **30-day window** of protection for calling that number.\n\n### What happens if someone breaks the rules?\nBreaches are handled as **civil matters** (not criminal), meaning:\n- **Fines (called pecuniary penalties)** can be ordered by the Federal Court\n- **Companies** face higher fines than individuals, and **repeat offenders** face even higher penalties\n- Courts can also order **compensation** for victims and **recovery of any profits** made from illegal calls/faxes\n- **Injunctions** (court orders to stop the behaviour) can be granted\n- As a faster alternative to court, the ACMA can issue **infringement notices** — basically on-the-spot fines\n- The ACMA can also issue **formal warnings**\n\n### Who enforces this?\nThe **ACMA** (Australian Communications and Media Authority) is the regulator. It can investigate, issue warnings and infringement notices, and take businesses to the Federal Court.\n\n## Who does this affect?\n- **Everyday Australians** — you can register your home/personal number to stop unwanted calls and faxes\n- **Businesses and telemarketers** — you must check the Register before calling and comply with the rules or face significant fines\n- **Charities, political parties, and educational institutions** — you have special exemptions but must still meet specific conditions\n- **Call centre operators and marketing agencies** — contracts you sign to do calling work for others must include compliance obligations"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Section 7(2) and (3)","severity":"medium","reasoning":"Section 7(2) exempts the Crown from pecuniary penalties. Section 7(3) removes that protection for Crown authorities. Yet Schedule 1, clause 2 designates government body calls as exempt 'designated telemarketing calls'. So Crown authorities can freely call Do Not Call registered numbers (as designated calls), and even if they somehow contravened, the interplay of these provisions creates confusion about whether they face any real sanction.","confidence":0.65,"description":"The Crown is not liable to civil penalties, but authorities of the Crown are. However, government bodies (which include agencies, authorities and instrumentalities of the Crown) are expressly carved out as 'designated telemarketing calls' under Schedule 1, clause 2, meaning they can make unsolicited telemarketing calls to registered numbers with impunity. The Crown's immunity from penalty combined with its exemption from the core prohibition creates a regime where government entities face essentially no meaningful constraint."},{"type":"other","section":"Section 11(9)(b)","severity":"medium","reasoning":"A legislative provision that skips a lettered paragraph creates a structural absurdity. The 'if (a)... and (c)...' construction is grammatically and logically awkward. The missing paragraph (b) suggests either a deliberate deletion that was incompletely executed or a drafting error, leaving readers uncertain whether additional conditions were intended.","confidence":0.85,"description":"Subsection 11(9) contains a lettered list skipping from paragraph (a) directly to paragraph (c), with paragraph (b) entirely absent. The provision reads '(a) a person enters into a contract... and (c) the other person gives effect to the contract...' The missing paragraph (b) is a drafting gap that leaves the logical chain of the deeming provision incomplete on its face."},{"type":"other","section":"Section 12B(10)(b)","severity":"medium","reasoning":"Identical structural gap to s11(9). A deeming provision with a missing intermediate paragraph is logically incomplete. Both provisions appear to have had a middle condition removed without updating the lettering.","confidence":0.85,"description":"Same as section 11(9), the extended meaning of 'cause' for marketing faxes in subsection 12B(10) also skips from paragraph (a) to paragraph (c) with no paragraph (b). This parallel drafting error in the fax provisions mirrors the telemarketing call provision gap."},{"type":"other","section":"Schedule 1, clause 3(2)(v) and Schedule 1A, clause 3(2)(v)","severity":"low","reasoning":"Multiple missing subparagraphs in the enumerated lists of legislative bodies suggest deliberate deletions (likely Norfolk Island Legislative Assembly was removed) without renumbering. While arguably cosmetic, the gaps create uncertainty about whether the numbering gaps are intentional omissions or drafting errors that might affect interpretation.","confidence":0.8,"description":"In the list of legislative bodies whose independent members can authorise designated telemarketing calls/faxes, the numbering skips from (iv) to (vi) - subparagraph (v) is missing in both Schedule 1 and Schedule 1A clauses 3(2). Similarly, in clause 3(3) of both Schedules dealing with candidates, numbering skips from (v) to (vii), omitting subparagraph (vi)."},{"type":"other","section":"Schedule 1, clause 7 and Schedule 1A, clause 7","severity":"low","reasoning":"Missing subclause (7) in both schedules' clause 7 suggests another deleted provision (likely relating to a specific legislature, possibly Norfolk Island) that was removed without renumbering. The absence of an entire subclause from a definitional provision could create interpretive uncertainty.","confidence":0.8,"description":"Subclauses (7) in both Schedule 1 and Schedule 1A are entirely absent - the numbering jumps from subclause (6) to subclause (8) in both the 'Extended meaning of employee and employer' clauses. This creates a gap in the legislative text."},{"type":"other","section":"Section 18(2) and (3)","severity":"low","reasoning":"The dual declaration creates surplusage. Under statutory interpretation principles, every provision should have independent meaning. If a determination 'is' a legislative instrument, separately declaring it 'is to be' an instrument of legislative character adds nothing legally meaningful and may imply they are somehow different categories. Sections 20 and 21 contain the same redundant paired declarations.","confidence":0.7,"description":"Section 18 states both that a determination 'is a legislative instrument' (subsection 2) AND that it 'is to be an instrument of a legislative character' (subsection 3). These two statements are redundant at best and potentially contradictory, as the Legislation Act 2003 defines what constitutes a legislative instrument - declaring something both 'is' and 'is to be' of legislative character serves no coherent additional purpose."},{"type":"other","section":"Section 5(2) and (3)","severity":"low","reasoning":"While the drafting intent is clearly to prevent telemarketers from escaping liability by claiming goods don't exist, the combined effect of s5(2) and (3) means the ACMA could pursue civil penalty proceedings for telemarketing calls promoting wholly illegal activities. This creates an odd regulatory overlap but is not strictly impossible to comply with - it is more a policy absurdity than a legal flaw.","confidence":0.55,"description":"The Act makes it a civil contravention to make a telemarketing call offering goods, services, land, or investment opportunities even if those goods, services, or opportunities do not exist and even if acquiring them would be unlawful. This means promoting a purely fictitious or entirely illegal product/service is regulated under this Act - but the person might simultaneously face criminal liability under other laws, creating a perverse scenario where the Do Not Call regime treats a call promoting cocaine sales identically to one promoting insurance."},{"type":"self_contradicting","section":"Schedule 2, clause 3","severity":"medium","reasoning":"The Act provides a strong incentive to NOT obtain clear express consent, since express consent without a specified duration expires in 3 months, whereas implied consent from an ongoing business relationship has no statutory expiry. A telemarketer is therefore better off relying on implied consent than seeking clear express consent, which inverts the normal policy preference for explicit consent in consumer protection law.","confidence":0.8,"description":"Express consent that does not specify a duration is deemed withdrawn after 3 months. However, consent inferred from 'conduct and business relationships' (implied consent under clause 2(b)) has no equivalent expiry provision. This creates the paradox that explicit consent expires in 3 months, but vaguer implied consent could theoretically last indefinitely - rewarding ambiguity over clarity."},{"type":"self_contradicting","section":"Section 14(c)","severity":"medium","reasoning":"The eligibility of government numbers for registration combined with the blanket government body exemption for designated calls creates a logical circularity: government entities can register to avoid calls, but government entity calls are exempt from the prohibition regardless of registration. The registration of government numbers provides no protection against the most likely callers to government numbers (other government bodies).","confidence":0.75,"description":"Numbers used exclusively by government bodies are eligible to be registered on the Do Not Call Register. Yet Schedule 1, clause 2 makes calls authorised by government bodies 'designated telemarketing calls' exempt from the prohibition. This means a government body could register its own numbers on the Do Not Call Register, yet calls from other government bodies to those registered numbers would still be permitted as designated calls - making the registration pointless for government numbers."},{"type":"self_contradicting","section":"Section 12, subsection (4)","severity":"medium","reasoning":"While this is a deliberate drafting choice (to protect innocent third parties), it creates an odd incentive structure. A caller can calculate whether the civil penalty is less costly than including compliance provisions that might restrict telemarketing revenue, and simply pay the penalty while the contract remains valid. Section 12C(4) contains the identical provision for fax agreements.","confidence":0.7,"description":"Section 12 makes it a civil penalty contravention to enter a contract without compliance clauses, yet subsection (4) declares that a failure to comply with subsection (1) 'does not affect the validity of any contract'. This means a person can be penalised for entering a contract, but the illegal contract remains fully valid and enforceable. The penalty and the invalidity are decoupled, potentially incentivising payment of the fine while maintaining the full benefit of the non-compliant arrangement."}],"contradictions":[{"severity":"medium","section_a":"Section 11(1) - prohibition on calls to registered numbers","section_b":"Schedule 1, clause 2 - government bodies and charities exemption","confidence":0.75,"description":"Section 11(1) prohibits unsolicited telemarketing calls to registered numbers. Schedule 1, clause 2 exempts government body and registered charity calls from this prohibition entirely, regardless of whether the number is registered. Combined with section 14(c) making government numbers eligible for registration, a government body's own registered number provides no protection against calls from other government bodies or charities."},{"severity":"medium","section_a":"Section 7(3) - Crown authorities liable to penalty","section_b":"Section 14(c) and Schedule 1, clause 2 - government body registration and exemption","confidence":0.7,"description":"Section 7(3) states Crown authorities are not protected from pecuniary penalties. However, Schedule 1, clause 2 designates all government body calls as exempt 'designated telemarketing calls'. This means Crown authorities can never contravene section 11(1) through telemarketing calls (as their calls are always designated), making section 7(3)'s removal of immunity practically meaningless in the telemarketing call context."},{"severity":"low","section_a":"Section 21(2) - ACMA may make exemption determinations","section_b":"Section 21(4) - ACMA determinations subordinated to Minister's determinations","confidence":0.65,"description":"Section 21(2) grants the ACMA power to make fee exemption determinations. Section 21(4) provides that if the Minister makes exemption determinations under subsection (3), the ACMA's determinations under (2) have no effect except for additional exemptions. This creates a hierarchy where the ACMA's determinations can be partially or wholly neutralised by Ministerial action, yet the ACMA retains the nominal power - creating uncertainty about the operative scope of ACMA determinations at any given time."},{"severity":"medium","section_a":"Schedule 2, clause 3 - express consent expires after 3 months","section_b":"Schedule 2, clause 2(b) - implied consent from conduct and relationships","confidence":0.8,"description":"Express consent without a specified duration expires after 3 months under clause 3. Implied consent derived from business relationships has no equivalent expiry mechanism. This creates an internal contradiction in consent policy: the more definitive form of consent (express) is subject to strict time limits, while the more ambiguous form (implied) can persist indefinitely. This inverts standard consent principles and creates perverse compliance incentives."},{"severity":"low","section_a":"Section 11(4) - mistake defence","section_b":"Section 4 definition of 'mistake' - reasonable mistake of fact","confidence":0.6,"description":"The definition of 'mistake' is limited to 'reasonable mistake of fact'. However, section 11(4) provides that subsection (1) does not apply if the person made the call 'by mistake' without qualification. Read literally, s11(4) could cover a broader range of mistakes than the defined term allows, creating ambiguity about whether 'mistake' in s11(4) is limited to the defined term or carries a broader ordinary meaning."},{"severity":"medium","section_a":"Section 11(3) - 30-day safe harbour for register checks","section_b":"Section 17(1)(a) - registration takes effect when entered","confidence":0.85,"description":"Section 11(3) allows calls to numbers checked against the register within the past 30 days, even if the number has since been registered. Section 17(1)(a) states registration takes effect immediately upon entry. This means a number can be registered and immediately protected under s17, yet a caller who checked the register up to 30 days prior can still lawfully call that number despite its registered status. The immediate effect of registration is therefore illusory for a 30-day window."},{"severity":"medium","section_a":"Section 12B(3) - 30-day safe harbour for fax register checks","section_b":"Section 17(1)(a) - registration takes effect when entered","confidence":0.85,"description":"Identical to the telemarketing call issue: s12B(3) provides a 30-day safe harbour for fax senders who checked the register, meaning newly registered numbers are not protected from faxes for up to 30 days after registration, contradicting the immediate effect of registration under s17(1)(a)."},{"severity":"medium","section_a":"Section 29 - no criminal proceedings for civil penalty contraventions","section_b":"Section 44(2)(b) - regulations may prescribe criminal penalties","confidence":0.65,"description":"Section 29 states criminal proceedings do not lie for contraventions of civil penalty provisions. Section 44(2)(b) permits regulations made under international conventions to prescribe criminal penalties (fines up to 50 penalty units) for 'offences against the regulations'. If a regulation both declares a provision a civil penalty provision (under s44(2)(c)) and prescribes a criminal penalty for the same conduct, s29 would bar criminal proceedings, creating a potential conflict between the regulation-making power and the prohibition on criminal proceedings."}]},"kimi_summary":{"_metrics":{"completionTokens":908},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded beyond its original telemarketing focus. The 2006 Act originally targeted voice calls only; marketing faxes were added later (evident from Part 2A and Schedule 1A being inserted provisions). The scope also grew through: (1) extending to external Territories with special rules; (2) creating an elaborate 'designated' exemption system for political parties, MPs, candidates, and educational institutions; (3) adding detailed consent rules with 3-month sunset for express consent; and (4) building a comprehensive enforcement apparatus with infringement notices, injunctions, compensation orders, and profit-stripping powers that go well beyond simple registration and prohibition."},"complexity_factors":["Multiple parallel structures: telemarketing calls and marketing faxes are regulated through nearly identical but separate Part 2 and Part 2A, plus Schedules 1 and 1A","Extensive cross-referencing to other Acts (Telecommunications Act 1997, Competition and Consumer Act 2010, Privacy Act 1988, Australian Charities and Not-for-profits Commission Act 2012)","Nested exceptions and exemptions: designated calls/faxes (Schedule 1/1A), consent rules (Schedule 2), mistake defence, due diligence defence, and 30-day 'safe harbour' for checked numbers","Complex penalty structure with multiple variables: body corporate vs individual, prior record vs no prior record, specific provision contravened, single vs multiple contraventions on same day","Delegated legislation throughout: 8 separate determination-making powers for ACMA and Minister, plus extensive regulation-making powers","Attribution rules for 'causing' calls/faxes and extended definitions of 'employee' and 'employer' that override ordinary meanings","Evidential burden shifting: defendants must prove consent, mistake, or due diligence if they wish to rely on those defences","Infringement notice system with tiered penalty tables and special timing rules for certain provisions"],"plain_english_summary":"\n\n## What This Law Does\n\nThe **Do Not Call Register Act 2006** creates a national \"no-call\" list that Australians can join to stop receiving unwanted telemarketing calls and marketing faxes. Think of it as Australia's official \"leave me alone\" register for phone numbers.\n\n---\n\n## Who It Affects\n\n| **Who** | **What they need to know** |\n|---------|---------------------------|\n| **Households** | Can register private phone numbers to block most marketing calls and faxes |\n| **Businesses making calls/sending faxes** | Must check numbers against the register before calling; face penalties if they don't |\n| **Telemarketers** | Need written contracts requiring compliance; must pay fees to access the register |\n| **Government, charities, political parties, schools** | Get special exemptions — they can still contact registered numbers in certain circumstances |\n\n---\n\n## The Core Rules\n\n**For consumers:**\n- Register your Australian phone number (landline or mobile) if used mainly for personal/family purposes\n- Registration lasts indefinitely unless you remove it\n- You can give **consent** to specific businesses to contact you anyway\n\n**For businesses:**\n- **Cannot** make telemarketing calls or send marketing faxes to registered numbers\n- **Unless**: you have the person's consent, or the call/fax falls into an exempt category (government, charity, political fundraising, educational institutions contacting current/former students)\n- Must take \"reasonable precautions\" and \"due diligence\" to avoid mistakes\n\n---\n\n## Penalties and Enforcement\n\n- **Civil penalties** (fines) rather than criminal charges — up to 100 penalty units for companies, 20 for individuals per breach\n- **Escalating penalties** for repeat offenders\n- **Infringement notices** — on-the-spot fines as an alternative to court\n- **Injunctions** — courts can order businesses to stop\n- **Compensation** — victims can claim damages for losses caused by illegal calls\n\nThe Australian Communications and Media Authority (ACMA) runs the register and enforces the rules.\n\n---\n\n## Why It Matters\n\nBefore this law, Australians had no simple, national way to opt out of telemarketing. This creates a single register with real teeth — businesses who ignore it face substantial fines. It balances consumer protection with legitimate business needs (political communication, charity fundraising, and education remain permitted)."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act originally only covered unsolicited telemarketing calls. A later amendment (Part 2A, Schedule 1A) added parallel prohibitions for unsolicited marketing faxes, significantly expanding the register's purpose and enforcement scope beyond its original intent."},"complexity_factors":["Over 80 defined terms in section 4, many cross-referencing other Acts","Separate but parallel regimes for telemarketing calls and marketing faxes (Parts 2 and 2A, Schedules 1 and 1A)","Multiple exceptions and exemptions with nested conditions (e.g., designated calls/faxes for charities, political parties, educational institutions)","Extended meanings of 'cause', 'authorise', 'employee' that alter normal legal interpretation","Civil penalty provisions with graduated maximum penalties dependent on prior record and entity type","Complex consent rules in Schedule 2 with default expiry and inference restrictions","Infringement notice scheme with variable penalty calculation tables for single vs multiple contraventions","Significant delegation to regulations for specifying additional exemptions, consent circumstances, and civil penalty provisions"],"plain_english_summary":"This law creates a national 'Do Not Call Register' where Australians can list their phone and fax numbers to opt out of most unsolicited marketing calls and faxes. Telemarketers and fax senders are banned from contacting registered numbers unless they have specific consent, or the call/fax is from an exempt organisation like a registered charity, political party, educational institution, or government body. The law sets up a system of civil penalties (fines) for breaches, with higher fines for repeat offenders and companies. It also allows individuals affected by breaches to seek compensation for wasted time, business disruption, or reputational damage. The Australian Communications and Media Authority (ACMA) runs the register and enforces the rules, including issuing infringement notices as an alternative to court action."}},"importantCases":[],"_links":{"self":"/api/acts/do-not-call-register-act-2006","history":"/api/acts/do-not-call-register-act-2006/history","analysis":"/api/acts/do-not-call-register-act-2006/analysis","conflicts":"/api/acts/do-not-call-register-act-2006/conflicts","importantCases":"/api/acts/do-not-call-register-act-2006/important-cases","documents":"/api/acts/do-not-call-register-act-2006/documents"}}