Do Not Call Register (Access to Register) Determination 2017

The central operational concept is the list of Australian numbers. The determination defines permissible formats: each number must be no longer than 10 digits and start with a one or a zero, or be 11 digits and start with a six followed immediately by a one (i.e. a fully qualified Australian number with the country code 61). The list must contain only numbers; it cannot include customer names or other data. The access seeker is the entity that submits the list and, under the Act, is usually a telemarketer, charity, or other organisation required to check the register. The determination requires the access seeker to register with ACMA using a procedure that ACMA approves and publishes on its website. Once registered, the access seeker must comply with terms and conditions that ACMA approves and publishes on its website (or the contractor’s website). Those terms and conditions are not set out in the determination itself; they are defined by cross reference and can be changed by ACMA without legislative amendment. The information to be provided to the access-seeker is defined in section 5 as the information that must be provided under subsection 19(2) of the Act. That includes the outcome of the register check. The determination distinguishes between two primary submission channels: via ACMA directly or via the contracted service provider (the entity that keeps the register on ACMA’s behalf, currently ServiceStream Pty Ltd operating the website donotcall.gov.au). The method of submitting a list determines which party returns the results. The concept of an inactive account is introduced in subsection 7(5): if the terms and conditions define inactivity, ACMA may deregister or suspend an access seeker. This gives ACMA a unilateral tool to cut off access, which is a significant compliance risk. The determination also defines secure path for CSV upload, which implies encryption and authentication requirements that are not further specified in the instrument itself. Finally, the return of list in section 9 requires the results to show each number’s registration status and any rejected numbers, along with aggregate counts and timestamps. These data points are crucial for audit trails and for defending against enforcement action.

The determination directly affects any entity that is required under the Do Not Call Register Act to check numbers against the register before making telemarketing calls or sending marketing faxes to Australian numbers. This includes for-profit telemarketers, call centres, charities, political parties, and religious organisations that engage in telemarketing. It also affects businesses that outsource telemarketing, because they remain liable for compliance and must ensure their contractors use the register correctly. The determination imposes a gatekeeping function: an access seeker cannot simply download the entire register; it must submit specific lists and receive results for those numbers only. This affects the operational efficiency of any organisation that builds prospect lists, because it cannot screen numbers in bulk without a per submission cost (set by the separate Access Fees Determination) and without managing the CSV upload or manual entry process. The determination also affects the ACMA and its contracted service provider. ACMA must maintain the registration procedure, approve terms and conditions, publish approved methods, and handle deregistrations or suspensions. The contracted service provider must implement the technical systems for secure upload, manual entry, and result return, and must apply the terms and conditions consistently. Compliance officers, in house legal teams, and data managers in affected organisations need to understand the format requirements, the registration process, and the consequences of account inactivity. Small businesses that do occasional telemarketing face a disproportionate compliance burden: they must register, learn the procedures, and pay fees for each list submission, even if they only call a handful of numbers. The determination also indirectly affects consumers, because its smooth operation is what enables the register to work in practice. If the procedural requirements are too onerous, some entities may evade checking or may simply stop telemarketing altogether, which could reduce competition in certain markets. Conversely, if the system is too lax, consumers may receive unwanted calls because lists were not properly checked.

The determination imposes a number of procedural duties on access seekers and corresponding duties on ACMA and the contracted service provider. An access seeker must register with ACMA before submitting any list (subsection 7(3)). It must comply with the terms and conditions approved by ACMA and published on the relevant website (subsection 7(4)). The terms and conditions are not static; they can be changed by ACMA unilaterally, and the determination binds the access seeker to whatever is published from time to time. An access seeker must submit lists only in the prescribed ways: CSV upload via secure path, manual entry of up to ten numbers at a time on a website facility, or another method approved by ACMA and published on the website (subsections 7(6), 7(7), 7(8)). Subsection 7(9) unequivocally forbids any other method. The access seeker must ensure each number meets the format requirements of subsection 7(2). The list must contain only Australian numbers and no other information (note to subsection 7(1)). If an access seeker’s account becomes inactive as defined in the terms and conditions, ACMA may deregister or suspend the access seeker in accordance with the procedures in those terms (subsection 7(5)). The access seeker has a right to receive the results of the check: section 9 requires the party to whom the list was submitted to return the list showing which numbers are registered, which are not, and which purported numbers were not treated as Australian numbers. Additionally, subsection 9(2) requires the provision of a unique reference number, total numbers submitted, counts of registered and unregistered numbers, count of rejected numbers, and the date and time of both receipt and provision of results. This information is essential for the access seeker to demonstrate compliance with the Act. The access seeker also has a right to submit lists repeatedly without limit (note to subsection 7(7)). On the administrative side, ACMA and the contractor must return results in the manner corresponding to the submission method: CSV download for CSV submissions, website display for manual entries, and approved methods for other approved submissions (section 8). They must provide the information in section 9 at the same time as returning the list (subsection 9(2)). The transitional provisions in Part 3 give access seekers that had existing registrations under the 2007 determination a right to have those registrations continue under the new determination.

The determination itself does not create penalties; penalty provisions are in the Do Not Call Register Act 2006. However, non compliance with the determination has serious practical consequences. Subsection 7(9) states that an access seeker “may not submit a list in any other way”. A list submitted in an unauthorised manner is not a valid submission under the Act. If the ACMA processes such a list, the results may be unreliable and could expose the access seeker to liability for telemarketing calls to registered numbers that it thought it had checked. More directly, access seekers that breach the terms and conditions risk deregistration or suspension under subsection 7(5). Deregistration removes the ability to check numbers entirely, effectively shutting down any telemarketing operation that relies on the register. The grounds for deregistration include account inactivity as defined in the terms and conditions. The terms and conditions are not set out in the determination; they are published on websites and can be changed at ACMA’s discretion. This creates enforcement uncertainty: an access seeker could be deregistered for failing to comply with a term it did not know about or that was recently amended. The determination also creates an implicit enforcement lever for ACMA through the registration requirement. ACMA could, in theory, refuse to register an entity that it considers unsuitable, or impose conditions that make compliance costly. The civil penalty provisions in the Act for calling registered numbers are backed up by the procedural gatekeeping in this determination. If an access seeker cannot check numbers because it has been suspended, any resulting calls to registered numbers become a direct liability. The determination itself contains no appeal mechanism or merits review of deregistration; the terms and conditions may provide for internal procedures, but these are not guaranteed by the instrument. For commercial entities, the risk of temporary suspension during peak campaign periods is a significant cost, effectively giving ACMA leverage to enforce any term it chooses.

This determination is made under the Do Not Call Register Act 2006 and sits within a legislative framework that includes the Act itself and the Do Not Call Register Regulations 2017. The Act imposes the substantive obligation not to call or fax registered numbers (sections 11, 12B) and creates the register. The determination does not alter those obligations; it merely specifies the manner of accessing the register under section 19 of the Act. The Do Not Call Register (Access Fees) Determination 2017 sets the fees payable for list submissions. This determination does not mention fee amounts but does note that fees may be payable (subsection 7(8) note 2). The interaction is important: an access seeker must comply with the procedural rules of this determination and also pay the prescribed fee. If a list is submitted without paying the fee (if prepayment is a term), the submission may be invalid or the results may not be returned. The Do Not Call Register Act 2006 defines key terms used in this determination: “Australian number”, “contracted service provider”, and “telemarketing call” are defined in the Act. The determination also incorporates by reference the terms and conditions approved by ACMA and published on websites. Those terms and conditions are not legislative instruments, so they can be changed without parliamentary scrutiny or public comment. This raises rule of law concerns: an access seeker’s obligations can be altered at any time by ACMA simply by updating a webpage. The determination also references the Legislation Act 2003 and Acts Interpretation Act 1901 for interpretation rules. In a broader regulatory context, the determination interacts with the Privacy Act 1988, because access seekers handling telephone numbers must comply with privacy principles when using the register results. The register itself is a list of numbers, not names, but the practice of screening numbers against the register still involves personal information (the number may identify an individual). The Spam Act 2003 is not directly relevant because it governs email and SMS, but the telemarketing provisions are separate. For entities that also send commercial electronic messages, the compliance burden involves multiple regimes. The determination interacts with state and territory telemarketing codes that may impose additional requirements, but federal law covers the register. Finally, the transitional provisions in Part 3 ensure continuity with the old 2007 determination, preserving the legal validity of submissions made before commencement and of existing registrations.

This determination, the Do Not Call Register (Access to Register) Determination 2017, was registered on the Federal Register of Legislation and commenced the day after registration. It repeals in full the Do Not Call Register (Access to Register) Determination 2007 (F2007L01218). The text provided does not show any subsequent amendments to this 2017 determination. In practice, the instrument remains in force as at the date of the provided text, but amendments may have been made after publication. The determination was made by the ACMA under the power delegated by subsection 20(1) of the Act. The transitional provisions in Part 3 are effectively its own amendment handling: they carry forward registrations made under the old determination, treat lists submitted under various subsections of the old determination as having been submitted under corresponding subsections of this new determination, and preserve one specific response mechanism (for lists submitted under old subsection 4(5)) as if the old determination still applied for that purpose. The transitional period is not stated explicitly; it applies to lists that had not been responded to “immediately prior to the commencement of this Determination”. The instrument does not sunset; it remains in force until repealed or replaced. The 2007 determination it replaced had been in effect for ten years. Changes between the 2007 and 2017 instruments are not detailed in the text, but the structural differences include more explicit references to the contracted service provider, the addition of the “inactive account” provision in subsection 7(5), and the inclusion of subsection 7(9) which explicitly prohibits other submission methods. The repeal and replacement mechanism suggests that ACMA considered the 2007 determination needed updating, likely to reflect changes in the contract for the register service and to tighten procedural requirements.

The determination itself is an administrative instrument and has not been the subject of reported litigation in the provided source. There is no mention of any court cases in the text. However, the underlying Do Not Call Register Act 2006 has been the subject of enforcement actions by ACMA, including infringement notices and civil penalty proceedings against telemarketers that called registered numbers. Cases under the Act typically turn on whether a call was a “telemarketing call” as defined, whether the number was on the register at the time, and whether the caller had a reasonable excuse (such as relying on incorrect register results). The determination’s procedural requirements are relevant to such defences: if an access seeker can demonstrate that it submitted a list in accordance with this determination and received results showing the number was not registered, that may be a defence. Conversely, if an access seeker used an unauthorised method, it could not rely on the results. The determination’s terms and conditions might also be challenged if they are arbitrary or cause disproportionate detriment, but there is no evidence of such challenges in the source. The determination is likely to be considered in administrative law review if ACMA deregisters an access seeker and the access seeker seeks judicial review under the Administrative Decisions (Judicial Review) Act 1977. The grounds might include that ACMA failed to follow the procedures set out in the terms and conditions, or that the decision was unreasonable. The determination does not provide for merits review by the Administrative Appeals Tribunal, which may be a gap. In summary, the determination is a procedural gatekeeper and is most likely to be litigated indirectly in the context of enforcement actions for calling registered numbers.

Several features of this determination create traps for practitioners. First, the terms and conditions are not included in the instrument; they are on websites that can be changed without notice. An access seeker who reads the determination only and not the current website may miss critical obligations. Subsection 7(4) binds the access seeker to “such terms and conditions approved by the ACMA specified on the ACMA’s website” from time to time. This is a moving target. Second, the definition of “inactive account” is entirely within those terms and conditions. ACMA can set a very short period of inactivity (e.g. 30 days without a submission) and trigger deregistration. An access seeker that only runs quarterly campaigns could lose access without warning. Third, the number format rule in subsection 7(2) is unforgiving. A number that is 11 digits but does not start with “61” will be rejected. Numbers that include commas, spaces, or leading zeros in the wrong format will be treated as “purported numbers not treated as Australian numbers”. This can cause list errors silently, because the returned list only shows which purported numbers were rejected, not why. Fourth, an access seeker must not include any information other than numbers in the list (note to subsection 7(1)). If a CSV file includes a header row or an extra column, the entire list may be rejected or treated as invalid. Fifth, the prohibition in subsection 7(9) against submitting lists “in any other way” means that even if ACMA or the contractor offers a non compliant method (e.g. a customer service representative accepting a list by email), the submission is not lawful and the results cannot be relied upon. Sixth, the return of results under section 9 provides a unique reference number, but that number is the only audit trail. If the access seeker loses it, they have no way to prove they checked a specific list. Seventh, the transitional provisions only cover lists submitted under the old determination that had not yet been responded to. If an access seeker submitted a list under the old determination and received results before commencement, those results remain valid. But if the access seeker had an old registration that it thought was separate, the transitional provision carries it forward, but subject to the new terms and conditions. Eighth, the determination does not specify the format of the CSV file (e.g. delimiter, quoting, encoding). That is left to the website or secure path description. This technical detail can cause upload failures. Ninth, the manual entry method only allows ten numbers at a time. For an access seeker with a list of 500 numbers, that requires 50 separate entry sessions. The determination notes there is no limit on repetitions, but the time cost is real. Finally, the fee payable under the Access Fees Determination is not mentioned in the body of this determination except in a note. An access seeker may inadvertently submit a list without paying the fee and then not receive results, or may be charged retrospectively in a way that creates cash flow issues.

Compliance with this determination requires a structured, documented process that is integrated with the organisation’s broader telemarketing compliance framework. Step 1: Registration. The access seeker must register with ACMA using the approved procedure published on www.acma.gov.au or www.donotcall.gov.au. This typically involves providing entity details, contact information, and agreeing to the terms and conditions. The registration will be assigned an account. The terms and conditions should be read thoroughly, and a copy saved with a timestamp, because they can change. Step 2: Account maintenance. Ensure the account remains active. The terms and conditions will define “inactive”. An access seeker should submit lists at least as often as the inactivity period demands, even if only dummy lists, to avoid suspension. Alternatively, set up automated processes to perform regular checks. Step 3: List preparation. Prepare a list of Australian numbers that comply with subsection 7(2). Strip all non numeric characters. Include only the numbers, no other columns or headers. Validate numbers against the format rules before submission. For CSV upload, use a strict comma separated format with no quotes unless required. Test a small batch first. Step 4: Submission. Use the secure CSV upload path for bulk lists, or the manual entry facility for up to ten numbers. If an alternative method is approved by ACMA and specified on the website, use only that method. Never send a list via email or post; subsection 7(9) prohibits other methods. Step 5: Fees. Ensure the required fee under the Do Not Call Register (Access Fees) Determination 2017 is paid or accounted for before or at the time of submission. The fee structure should be confirmed on the website. Step 6: Receive and store results. After submission, download or capture the results. For CSV submissions, results will be available for download via a secure path. For manual entries, results display on the website. In both cases, note the unique reference number from subsection 9(2)(a). Store the results securely and retain them for the period required by the Act (likely until after the limitation period for enforcement). Step 7: Use results. Use the list of registered numbers to suppress calls or faxes to those numbers. The results also show which numbers were not treated as Australian numbers; those should be investigated and corrected in the source database. Step 8: Monitor changes. Regularly check the ACMA and contractor websites for changes to the terms and conditions, approved methods, or website addresses. Any change could affect the legality of future submissions. Step 9: Transitional awareness. If relying on a registration carried forward from the 2007 determination, confirm that the registration is still active under the new determination. Check that the terms and conditions now applied are those published for the 2017 determination. Step 10: Internal auditing. Create an internal compliance log that records each list submission: the reference number, date and time, number of numbers submitted, fees paid, and the results. This log is the primary defence if ACMA alleges that a call was made to a registered number without checking. For organisations that outsource telemarketing, the contract should require the contractor to follow this determination and to provide audit evidence of each check.