Do Not Call Register legislation introduced

An end to nuisance calls moved a step closer today with the introduction of legislation to create a $33 million national Do Not Call Register, the Minister for Communications, Information Technology and the Arts, Senator Helen Coonan, said today.

The Do Not Call Register Bill 2006 and the Do Not Call Register (Consequential Amendments) Bill 2006 provide a framework to establish a Register that would allow individuals to opt-out from receiving unsolicited telemarketing calls.

The Bill requires the Australian Communications and Media Authority (ACMA) to establish and oversee a Do Not Call Register and prohibits telemarketers from calling a number which has been included on the Register.

ACMA will be able to tender out the operation of the Register, and it is expected a tender process will begin following the passage of the legislation.

“This is an important step towards giving those who dislike the intrusion and disruption caused by unsolicited telemarketing calls, peace of mind,” Senator Coonan said.

“This legislation will create a Register that is workable and enforceable but one that balances the legitimate needs of the telemarketing industry in Australia with the desire for consumers to have some peace and privacy.

“The telemarketing industry will also benefit through the introduction of nationally consistent standards covering issues such as permitted calling hours. And the Register will mean that telemarketers can better target their calls by removing from their contact lists details of consumers who do not want to receive their calls.”

Before announcing the creation of a Register the Government consulted widely. Following the release of a discussion paper last year, nearly 500 submissions were received.

“In creating a Register we need to ensure there is an appropriate balance between the rights of an individual to privacy and the needs for businesses to promote their products and services,” Senator Coonan said.

“In light of this and following further consultation, the Government has decided not to include small businesses on the Register.

“Businesses contact each other for a multitude of reasons in the course of day to day operations, and the Government was concerned not to potentially expose organisations to fines and penalties for ordinary business-to-business contact.”

Individuals will not be charged to put their number on the Register. The Australian Government will contribute more than $17 million towards the cost of establishing the Register, with the telemarketing industry contributing $15.9 million over four years.

Exemptions will be provided for certain types of telemarketing calls such as calls from charities, registered political parties, independent Members of Parliament and candidates, religious organisations, educational institutions (where the call is made to a student or alumni) and government bodies.

“The exemptions are important to allow these organisations, who carry out activities in the public interest, to be able to continue to provide services to the community,” Senator Coonan said.

ACMA will be responsible for the enforcement of the legislation and a range of penalties will be available depending on the nature of the breach. ACMA will be able to issue formal warnings or infringement notices or commence court proceedings. The Courts will be able to impose fines ranging from $1,100 to $1.1 million.

Senator Coonan commended the legislation to the Parliament and requested speedy consideration by the House and the Senate to enable ACMA to commence with implementation of the Register as early as possible in 2007.

(Credit: DCITA)

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