Victorian Energy Efficiency Target Amendment (Prohibition on Telemarketing and Door-to-door Sales) Regulations 2024 (Vic)

Victorian Energy Efficiency Target Amendment (Prohibition on Telemarketing and Door-to-door Sales) Regulations 2024

S.R. No. 26/2024

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

5Prescribed code of conduct requirements—telemarketing

6Prescribed code of conduct requirements—door‑to‑door sales

7Contacting a person who has asked not to be contacted

8New clause 11B of Schedule 6 inserted

9Clause 12 of Schedule 6 substituted

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Endnotes

STATUTORY RULES 2024

S.R. No. 26/2024

Victorian Energy Efficiency Target Act 2007

Victorian Energy Efficiency Target Amendment (Prohibition on Telemarketing and Door-to-door Sales) Regulations 2024

The Governor in Council makes the following Regulations:

Dated: 23 April 2024

Responsible Minister:

LILY D'AMBROSIO
Minister for Energy and Resources

SAMUAL WALLACE

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Victorian Energy Efficiency Target Regulations 2018—

(a)to prohibit telemarketing and door-to-door sales except in certain circumstances; and

(b)to prescribe the prohibitions on telemarketing and door-to-door sales as code of conduct requirements.

2Authorising provision

These Regulations are made under section 75 of the Victorian Energy Efficiency Target Act 2007.

3Commencement

(1)These Regulations, except regulations 6 and 9, come into operation on 1 May 2024.

(2)Regulations 6 and 9 come into operation on 1 August 2024.

4Principal Regulations

In these Regulations, the Victorian Energy Efficiency Target Regulations 2018[1] are called the Principal Regulations.

5Prescribed code of conduct requirements—telemarketing

After regulation 9B(1)(b) of the Principal Regulations insert—

"(ba)clause 11B(1)(a) (requirement not to carry out lead generation or marketing while on a telephone call);

(bb)clause 11B(1)(b) (requirement not to require or permit an employee, an agent or a contractor to carry out lead generation or marketing while on a telephone call);

(bc)clause 11B(1)(c) (requirement not to acquire contact details obtained as the result of a telephone call by a third party to a person who has expressed interest in a prescribed activity);".

6Prescribed code of conduct requirements—door‑to‑door sales

After regulation 9B(1)(bc) of the Principal Regulations insert—

"(bd)clause 12(1)(a) (requirement not to call at a person's residence or business premises for lead generation or marketing);

(be)clause 12(1)(b) (requirement not to require or permit an employee, an agent or a contractor to call on a person's residence or business premises for lead generation or marketing);

(bf)clause 12(1)(c) (requirement not to acquire contact details obtained as the result of a third party calling on a person who has expressed interest in a prescribed activity at the person's ordinary place of residence or business premises);".

7Contacting a person who has asked not to be contacted

Clause 11A(a) of Schedule 6 to the Principal Regulations is revoked.

8New clause 11B of Schedule 6 inserted

After clause 11A of Schedule 6 to the Principal Regulations insert—

"11B   Prohibition on lead generation or marketing through telemarketing

(1)Subject to this clause, an accredited person or scheme participant must not—

(a)carry out a lead generation or marketing activity in relation to a prescribed activity while on a telephone call with a person, whether or not the person is at the person's ordinary place of residence or business premises at the time of the telephone call; or

(b)require or permit an employee, an agent or a contractor of the accredited person or scheme participant to carry out the activity described in paragraph (a); or

(c)acquire from any person (the third party) the contact details of a person who has expressed interest in a prescribed activity to the third party that are obtained by the third party as the result of a telephone call by the third party to the person without prior consent.

(2)Subclause (1) does not apply if the person provides express prior consent to being telephoned by the accredited person or scheme participant for the purposes of obtaining information about the prescribed activity.

(3)For the purposes of subclause (2), if a person provides express consent to being telephoned by an accredited person or scheme participant for the purposes of obtaining information about a prescribed activity, the consent is taken to be withdrawn—

(a)3 months after the day on which the consent is given; or

(b)on the expiry of any longer period for which the person specifies the consent is valid.

(4)An accredited person or scheme participant does not contravene subclause (1) if—

(a)the act or omission alleged to constitute the contravention by the accredited person or scheme participant was due to a reasonable mistake of fact; or

(b)the accredited person or scheme participant took reasonable precautions, and exercised due diligence, to avoid that act or omission.".

9Clause 12 of Schedule 6 substituted

For clause 12 of Schedule 6 to the Principal Regulations substitute—

"12   Prohibition on lead generation or marketing through door-to-door sales

(1)Subject to this clause, an accredited person or scheme participant must not—

(a)carry out a lead generation or marketing activity in relation to a prescribed activity while calling on a person at the person's ordinary place of residence or business premises; or

(b)require or permit an employee, an agent or a contractor of the accredited person or scheme participant to carry out the activity described in paragraph (a); or

(c)acquire from any other person (the third party) the contact details of a person who has expressed interest in a prescribed activity that the third party has obtained as the result of calling on the person at the person's ordinary place of residence or business premises.

(2)Subclause (1) does not apply if the person provides express prior consent to being visited by the accredited person or scheme participant for the purposes of obtaining information about a prescribed activity.

(3)For the purposes of subclause (2), if a person provides express consent to being visited by an accredited person or scheme participant for the purposes of obtaining information about a prescribed activity, the consent is taken to be withdrawn—

(a)3 months after the day on which the consent is given; or

(b)on the expiry of any longer period for which the person specifies the consent is valid.

(4)An accredited person or scheme participant carrying out lead generation or marketing activities for a prescribed activity in person at a person's premises must leave the premises immediately on request.

(5)An accredited person or scheme participant does not contravene subclause (1) if the act or omission alleged to constitute the contravention by the accredited person or scheme participant was due to a reasonable mistake of fact.".

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ENDNOTES

[1] Reg. 4: S.R. No. 145/2018 as amended by S.R. Nos 145/2018, 142/2020, 97/2021, 153/2021, 171/2021, 37/2022, 93/2022, 25/2023 and 60/2023.