Do Not Call Register (Duration of Registration) Specification (No. 1) 2010 (Amendment No. 1 of 2012)

Administered by Department of Communications and the Arts

Legislation au F2012L00611 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Do Not Call Register Act 2006

Acts Interpretation Act 1901

 

Do Not Call Register (Duration of Registration) Specification (No. 1) 2010 (Amendment No. 1 of 2012)

 

Issued by the authority of the Minister for Broadband, Communications

and the Digital Economy

 

Purpose

 

The Do Not Call Register (Duration of Registration) Specification (No. 1) 2010 (Amendment No. 1 of 2012) (the Specification) is made by the Minister for Broadband, Communications and the Digital Economy (the Minister) under subsection 17(1A) of the Do Not Call Register Act 2006 (the DNCR Act) and subsection 33(3) of the Acts Interpretation Act 1901.

 

The purpose of the Specification is to amend the Do Not Call Register (Duration of Registration) Specification (No. 1) 2010 (the Principal Specification) to specify six years as being the period of time for which numbers on the Do Not Call Register (the Register) remain in force.

 

Subsection 33(3) of the Acts Interpretation Act 1901 relevantly allows the Minister to amend the Principal Specification.

 

The Specification is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003.

 

Background

 

The Register established under the DNCR Act commenced on 31 May 2007 and the Act prescribed numbers entered on the Register were to remain in force for three years. The purpose of setting the three year registration period was to maintain the accuracy of the Register and ensure disconnected and reassigned numbers would be removed from the Register periodically

 

The Do Not Call Register Legislation Amendment Act 2010 amended the DNCR Act to, among others things, enable the Minister to specify, by legislative instrument, a longer period of time for which numbers may remain on the Register. In accordance with that amendment, the Minister made the Principal Specification, which specified five years as being the period of time for which numbers on the Register remain in force.

 

In accordance with a five year registration period, numbers will begin to automatically fall off the Register from 31 May 2012 if they are not re-registered.

 

Feedback received by the Department of Broadband, Communications and the Digital Economy (the Department) as part of the statutory review of the DNCR Act undertaken in 2010 indicated that most stakeholders would prefer numbers on the Register to remain in force for an indefinite period, rather than requiring periodic re-registration.

 

The explanatory statement to the Principal Specification indicated that further work would be undertaken to identify an alternative method of maintaining the Register’s accuracy without the need for periodic re-registration. It also noted that if a suitable alternative method could be found to keep the Register current, the Government may consider extending the registration period further.

 

The Government is currently examining options for maintaining the accuracy of the Register without the need for periodic re-registration. The extension of the registration period by an additional twelve months will allow further time for a detailed consideration of these options.

 

The Specification amends the Principal Specification to extend the period for which numbers on the Register remain in force to six years, and operates to:

  • automatically extend the registration period for numbers on the Register at the time the Specification commences so that their registration remains in force for six years from the date of their registration; and
  • provide that numbers registered subsequent to the commencement of the Specification have a registration period of six years.

 

The Specification commences the day after it is registered on the Federal Register of Legislative Instruments and is intended to commence before 31 May 2012. Commencement of the Specification before 31 May 2012 will ensure those persons with numbers already on the Register are not required to re-register their numbers for the time being. Where a person has not yet re-registered their number, the registration will remain in force for six years from the date the number was entered on the Register. Where a person has already re-registered their number, the number will remain on the Register for six years from the date of the most recent registration entry.  

 

It is considered that, by amending the Principal Specification to extend the registration period, no persons will be deprived of any rights and nor will the amended Principal Specification impose any liabilities. If an individual should decide they do not wish to have their number retained on the Register, the DNCR Act allows the individual to cancel their registration at any time.

 

Consultation

 

Consultation regarding the extension of the registration period was conducted as part of the wider consultation undertaken by the Department in its statutory review of the Do Not Call Register Scheme. The Australian Communications and Media Authority and the Australian Direct Marketing Association have recently been consulted in relation to extending the registration period by a further twelve months.

 

Statement of Compatibility with Human Rights

 

This statement of compatibility is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

The Specification amends the Principal Specification by extending the period for which numbers on the Register remain in force from five years to six years. The primary purpose of the amendment is to allow numbers on the Register that are nearing the end of their period of registration to remain in force on the Register while the Government examines options for maintaining the Register’s accuracy without the need for periodic re-registration. The amendment does not make any substantive changes to the law.

 

The Specification is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act. It does not engage any of the applicable rights or freedoms and does not raise any human rights issues.

 

Notes on Sections

 

Section 1 provides that the name of the Specification is the Do Not Call Register (Duration of Registration) Specification (No. 1) 2010 (Amendment No.1 of 2012).

 

Section 2 provides that the Specification commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

Section 3 provides that the Principal Specification is amended as set out in the Schedule to the Specification.

 

The Schedule sets out the amendments made to the Principal Specification by the Specification. 

Subsection 17(1A) of the DNCR Act gives the Minister the power to specify a period longer than three years as the period for which numbers entered on the Register remain in force.

 

If no period is specified under subsection 17(1A), then numbers entered on the Register remain in force for three years by virtue of subparagraph 17(1)(b)(i). If the Minister specifies a period longer than three years under subsection 17(1A), then numbers entered on the Register remain in force for that longer specified period.

 

Item [1] of the Schedule to the Specification amends the period set out in section 4 of the Principal Specification for which numbers on the Register remain in force. Under the amended Principal Specification, the Minister has specified a period of six years for the purposes of subparagraph 17(1)(b)(ii) of the DNCR Act.

Overview

The Do Not Call Register (Duration of Registration) Specification (No. 1) 2010 (Amendment No. 1 of 2012) was introduced to amend the duration of registration for numbers on the Do Not Call Register, extending the period from five years to six years. Enacted by the Minister for Broadband, Communications and the Digital Economy under the authority granted by the Do Not Call Register Act 2006 and the Acts Interpretation Act 1901, the purpose of this Specification is to address stakeholder feedback indicating a preference for numbers on the Register to remain in force indefinitely, without periodic re-registration. The Specification aims to provide additional time for the Government to explore alternative methods of maintaining the Register’s accuracy, while ensuring that numbers already on the Register remain in force for six years from their date of entry or most recent re-registration. This amendment does not impose new liabilities or deprive any persons of their rights, as individuals can cancel their registration at any time.

Scope and Application

The Do Not Call Register (Duration of Registration) Specification (No. 1) 2010 (Amendment No. 1 of 2012) is a legislative instrument made under the authority of the Minister for Broadband, Communications and the Digital Economy, pursuant to the Do Not Call Register Act 2006 and the Acts Interpretation Act 1901. This specification aims to amend the duration for which telephone numbers are registered on the Do Not Call Register, extending the period from five years to six years. The amendment applies to all numbers currently on the Register and those registered after the commencement of this specification. The Register, which was established under the Do Not Call Register Act 2006 and commenced on 31 May 2007, serves to prevent telemarketing calls to individuals who have opted out of receiving such calls. Initially, numbers were to remain on the Register for three years, but subsequent amendments and specifications have extended this period. The current specification seeks to further extend the duration to six years, providing relief to registrants from the necessity of periodic re-registration while the government explores alternative methods for maintaining the Register's accuracy.

Key Provisions

The Do Not Call Register (Duration of Registration) Specification (No. 1) 2010 (Amendment No. 1 of 2012) amends the original duration of registration for numbers on the Do Not Call Register from five to six years. This amendment ensures that existing numbers remain on the register for six years from their date of registration, while new registrations will also have a six-year duration (section 3). The purpose of this legislative instrument, made under subsection 17(1A) of the Do Not Call Register Act 2006 and subsection 33(3) of the Acts Interpretation Act 1901, is to extend the registration period to accommodate the government's ongoing evaluation of maintaining the register's accuracy without periodic re-registration (section 1). The Specification commences on the day following its registration on the Federal Register of Legislative Instruments (section 2). Entities and individuals governed by the Do Not Call Register Act 2006 are subject to the extended registration period. Those who have already registered their numbers will have their registration extended to six years from their original date of registration. For those who re-register after the commencement of the Specification, the new registration will also last for six years from the date of re-registration (section 3). The Act ensures that if an individual wishes to cancel their registration at any time, they may do so without any repercussions (subsection 17(2) of the DNCR Act). There are no specific offences or penalties outlined in the Specification itself. However, the Do Not Call Register Act 2006 includes provisions for penalties related to misuse of the register. For instance, subsection 19(1) of the DNCR Act imposes a civil penalty for making a telemarketing call to a number listed on the register, with the maximum penalty being 50 penalty units ($5,500) for an individual and 250 penalty units ($27,500) for a body corporate. Additionally, subsection 19(4) of the Act allows for the recovery of costs associated with proceedings for contraventions of the Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.