Do Not Call Register (Administration and Operation) Amendment Determination 2010 (No. 2)

Overview

The Do Not Call Register (Administration and Operation) Amendment Determination 2010 (No. 2) was enacted to amend the existing Do Not Call Register (Administration and Operation) Determination 2007, addressing minor drafting errors and ensuring the wording more accurately reflects the recently amended Do Not Call Register Act 2006. This Amendment Determination was made under subsection 18(1) of the Act by the Australian Communications and Media Authority (ACMA). The primary purpose of the Amendment Determination is to correct certain drafting errors identified in the previous legislative instrument, the Do Not Call Register (Administration and Operation) Amendment Determination 2010 (No. 1), without substantially altering the existing arrangements. The policy objective remains to streamline the administration of the Do Not Call Register, ensuring compliance and clarity in the processes for registering, correcting, and removing entries on the Register.

Scope and Application

The Do Not Call Register (Administration and Operation) Amendment Determination 2010 (No. 2) applies to the Australian Communications and Media Authority (ACMA) and the entities it contracts to maintain the Do Not Call Register. The determination governs the processes for registering, correcting, and removing entries on the Do Not Call Register, which is established under the Do Not Call Register Act 2006. This Act mandates the ACMA to either maintain the Register itself or contract with another entity to do so. The Amendment Determination specifically corrects minor drafting errors from a previous amendment and aligns the text more closely with the current wording of the Act. It does not impose new regulatory obligations or significantly alter existing arrangements, and therefore, consultation and a regulatory impact analysis were deemed unnecessary by the ACMA. The changes are confined to administrative corrections and do not affect the jurisdictional reach or applicability of the Do Not Call Register Act across Australia. The Amendment Determination, which includes minor amendments to the 2007 Determination, comes into effect on the date it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The Do Not Call Register (Administration and Operation) Amendment Determination 2010 (No. 2) amends the Do Not Call Register (Administration and Operation) Determination 2007, as well as the Do Not Call Register (Administration and Operation) Amendment Determination 2010 (No. 1), to correct minor drafting errors and to better align the text with the recently amended Do Not Call Register Act 2006. These amendments do not substantially alter the existing arrangements and have been deemed minor enough to not require consultation or a regulatory impact analysis. Section 1 of the Amendment Determination identifies the instrument as the Do Not Call Register (Administration and Operation) Amendment Determination 2010 (No. 2), while Section 2 specifies that the instrument comes into effect on the day it is registered on the Federal Register of Legislative Instruments. The primary obligations under this Amendment Determination concern the administration and operation of the Do Not Call Register. The Australian Communications and Media Authority (ACMA), or its contracted service provider, is required to maintain the Register, which is used to record individuals' preferences to opt out of receiving telemarketing calls. The Amendment Determination refines the procedures for registering numbers on the Register, correcting for any drafting errors and ensuring that the process aligns with the legislative requirements. For instance, it corrects numbering errors and re-inserts headings that were incorrectly omitted, ensuring that the subsequent text is correctly headed and numbered. The Amendment Determination imposes no new obligations beyond those already established in the Do Not Call Register Act 2006 and the original Determination. It ensures that the processes for making applications for registration, corrections, and removals on the Register are clearly defined and accessible, thereby facilitating compliance with the Act. The amendments ensure that the text of the Determination accurately reflects the legislative intent and operational requirements set out in the Act. In terms of penalties and consequences, the Amendment Determination itself does not introduce new offences or penalties. The primary enforcement mechanisms are found in the Do Not Call Register Act 2006. Under this Act, unauthorised use of the Register or non-compliance with the requirements to maintain it could lead to enforcement actions by the ACMA. The maximum penalties for breaches can include fines, with the exact amount depending on the nature and severity of the breach. For example, under section 15 of the Act, an individual or entity found to have contravened the Act could face a penalty of up to $51,000 for each call made in breach of the Register's provisions. Thus, while the Amendment Determination does not introduce new sanctions, it ensures that the operational framework within which the penalties are applied is clear and consistent with the Act.