I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.
Dated 09 March 2017
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Mitch Fifield
Minister for Communications
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Schedules
5 Definitions
Part 2—Do Not Call Register
6 Calls that are not telemarketing calls
7 Deemed nominees
Schedule 1—Repeals
Do Not Call Register Regulations 2006
Part 1—Preliminary
1 Name
This instrument is the Do Not Call Register Regulations 2017.
2 Commencement
(1) Each provision of this instrument 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.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of this instrument The day after this instrument is registered. 17 March 2017
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Do Not Call Register Act 2006.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
5 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Australian number;
(b) goods;
(c) relevant account‑holder;
(d) services;
(e) supply;
(f) telemarketing call;
(g) voice call.
In this instrument:
Act means the Do Not Call Register Act 2006.
Part 2—Do Not Call Register
6 Calls that are not telemarketing calls
(1) For the purposes of subsection 5(7) of the Act, this section specifies kinds of voice calls that are not telemarketing calls.
Note: This section sets out circumstances in which the primary purpose of a voice call means that the call is not a telemarketing call, even if another purpose of the call is a purpose referred to in any of paragraphs 5(1)(e) to (o) of the Act.
Product recall calls
(2) A voice call is not a telemarketing call if the primary purpose of the call is to inform a person who has bought or otherwise obtained goods that the goods have been recalled.
Example: A recall of a particular model of car is necessary due to a widespread mechanical problem. The manufacturer contacts dealers to obtain buyer records and phone buyers. The manufacturer calls the numbers provided by the dealers and, during the conversation, offers alternative goods.
Fault rectification calls
(3) A voice call is not a telemarketing call if the primary purpose of the call is:
(a) to inform a customer of a fault with goods or a service; or
(b) to attempt to rectify a fault with goods or a service; or
(c) to inform a customer that a fault with goods or a service has been rectified.
Example 1: A power outage has led to a failure in a broadband service. Continuing attempts by subscribers to access the broadband service are making it difficult for the provider to fix the problem. The provider therefore calls a customer to ask them not to try to access the broadband service, and during the conversation the customer seeks information on alternative products.
Example 2: An electricity retailer calls a customer to inform the customer that there is a fault with the customer’s electricity service. During the conversation, the electricity retailer discusses with the customer the financial benefits of bundling other services.
Example 3: After rectifying a fault, a broadband provider rings a customer to tell the customer that the fault has been rectified. During the conversation, the provider offers a discounted product.
Appointment rescheduling calls
(4) A voice call is not a telemarketing call if the primary purpose of the call is to reschedule a customer’s appointment.
Example: A dental surgery rings a customer to ask if an appointment might be rescheduled. During the conversation, the customer is offered a discount on the treatment.
Appointment reminder calls
(5) A voice call is not a telemarketing call if the primary purpose of the call is to remind a person of an existing appointment.
Example: A hairdressing salon rings a customer to remind the customer of the customer’s appointment. During the conversation, the customer is told about a promotion of a new hair product.
Calls relating to payments
(6) A voice call is not a telemarketing call if the primary purpose of the call relates to payment for goods or services ordered by, requested by or supplied to a customer.
Example 1: A gas retailer rings a customer to ask for payment of the customer’s overdue bill. During the conversation, the gas retailer discusses bundling the customer’s services with the customer.
Example 2: A bank calls a customer who has an overdrawn account. During the conversation, the bank suggests an alternative product.
Example 3: An electricity retailer rings a customer to inform the customer about alternative payment options because the customer is having problems paying a bill.
Solicited calls
(7) A voice call is not a telemarketing call if:
(a) the call is made in response to:
(i) an order or request by a customer or potential customer for goods or services; or
(ii) an inquiry or request by a customer or potential customer for information about goods or services; and
(b) the primary purpose of the call is in relation to the inquiry, order or request; and
(c) the customer or potential customer has not withdrawn the inquiry, order or request; and
(d) the call is made within a reasonable time after the inquiry, order or request.
Example 1: A shoe repair store rings a customer to tell the customer that the shoes are ready to be picked up. The customer is provided with information about the nature of the repairs which were made to the shoes.
Example 2: A mechanic rings a customer to advise of the cost of repairs to the customer’s car and to seek permission to continue with the repairs.
Example 3: A customer rings an internet service provider to complain that the customer’s service is not working. The following day, the internet service provider makes a follow‑up call to the customer to ask if the customer is still having difficulties. During the conversation, the internet service provider discusses alternative products offered by the internet service provider.
Example 4: A furniture store rings a customer who has ordered a sofa to organise delivery of the furniture.
Example 5: A person fills in an online form, on a website relating to mortgage products, requesting more information. A mortgage broker then responds to the information request by phoning the person to discuss the mortgage products.
Example 6: A health club sets up a stall in a local shopping mall, and a person provides a telephone number as the person is interested in joining the club and finding out further information about the club’s services. The club then follows up with the person by telephoning him or her at the number supplied.
Example 7: A person fills in an application form (e.g. an application for a loan or insurance) and a call is made to confirm details provided on the application form.
Calls not answered by the person to whom the call is made
(8) To avoid doubt, the primary purpose of a voice call for the purposes of this section is the primary purpose for which the call is made, even if that purpose is not able to be fulfilled because the call is not answered by the intended recipient.
7 Deemed nominees
(1) This section applies if:
(a) an individual (or another person acting on behalf of the individual) gives an Australian number to a person or organisation for the purpose of allowing the person or organisation to contact the individual; and
(b) the individual is not the relevant account‑holder in relation to the Australian number.
(2) For the purposes of subsection 39(4) of the Act, the individual is taken to be a nominee of the relevant account‑holder for the purposes of giving consent to:
(a) the person or organisation making a call, or sending a fax, to the Australian number to contact the individual; or
(b) the person or organisation arranging for another person to make a call, or send a fax, to the Australian number to contact the individual on behalf of the person or organisation.
Example 1: An individual provides another person’s telephone number as a contact telephone number to a bank on a loan application form. The individual is a deemed nominee of the other person for the purpose of consenting to the bank calling that number to contact the individual.
Example 2: An individual asks a retailer to contact them on another person’s telephone number about a particular product. The individual is a deemed nominee of the other person for the purpose of consenting to the retailer calling that number to contact the individual. The individual would still be a deemed nominee if the number were passed to an organisation that performed customer service functions on behalf of the retailer.
Example 3: A married couple resides with one spouse’s parents, who are the relevant account‑holders for an Australian number. The spouse gives the number to a bank for the bank to call either member of the couple about a home loan. That spouse is a deemed nominee for the purpose of consenting to the bank calling that number to contact either member of the couple.
Note: This section provides for an individual to be taken to be a nominee only for the purpose of giving consent to a person or organisation making a call, or sending a fax, to contact the individual, and not for the purpose of applying under section 15 of the Act for an Australian number to be entered on the Do Not Call Register.