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Do Not Call Register application procedure guide APRIL 2015

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Do Not Call Register application procedure guide

april 2015

Contents

Canberra

Red Building Benjamin OfficesChan Street Belconnen ACT

PO Box 78Belconnen ACT 2616

T+61 2 6219 5555F+61 2 6219 5353

Melbourne

Level 32 Melbourne Central Tower360 Elizabeth Street Melbourne VIC

PO Box 13112Law Courts Melbourne VIC 8010

T+61 3 9963 6800F+61 3 9963 6899

Sydney

Level 5 The Bay Centre65 Pirrama Road Pyrmont NSW

PO Box Q500Queen Victoria Building NSW 1230

T+61 2 9334 7700 or 1800 226 667F+61 2 9334 7799

Copyright notice

http://creativecommons.org/licenses/by/3.0/au/

With the exception of coats of arms, logos, emblems, images, other third-party material or devices protected by a trademark, this content is licensed under the Creative Commons Australia Attribution 3.0 Licence.

We request attribution as: Commonwealth of Australia (Australian Communications and Media Authority) 2015.

All other rights are reserved.

The Australian Communications and Media Authority has undertaken reasonable enquiries to identify material owned by third parties and secure permission for its reproduction. Permission may need to be obtained from third parties to re-use their material.

Written enquiries may be sent to:

Manager, Editorial and DesignPO Box 13112Law CourtsMelbourne VIC 8010Tel: 03 9963 6968Email: [email protected]

1.Introduction1

2.Background2

3.The Determination3

4.Application types4

5.How to contact the register5

6.Eligible numbers6

7.Removing ineligible numbers8

8.Who can apply to the register?9

9.Applications relating to 20numbers or fewer10

10.Applications for 21 or more numbers (bulk applications)14

11.Responsibilities of the ACMAand its contracted service provider 15

Appendix 1application methods16

Glossary17

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1. Introduction

This Do Not Call Register application procedure guide sets out the procedures that must be complied with and the information that the Australian Communications and Media Authority (the ACMA) requires to process each application to the Do Not Call Register (the register) in accordance with the methods permitted under the Do Not Call Register (Administration and Operation) Determination 2007 (the Determination).

2. Background

The register is a secure database where individuals and organisations can list their eligible Australian numbers to avoid receiving certain unsolicited telemarketing calls and marketing faxes.

The ACMA is responsible for the register under the Do Not Call Register Act 2006 (the DNCR Act). The DNCR Act covers telemarketing calls and marketing faxes from within Australia and overseas, where they are made or sent to an Australian number.

Under the DNCR Act, telemarketing calls and marketing faxes are not allowed to be made to numbers listed on the register. There are some exemptions allowing certain public interest organisations to make specific telemarketing calls or send particular marketing faxes.

Registration is free and you only need to do it once.

Many types of numbers are registered, including landlines, mobiles, voice over internet protocol (VoIP), fax and dual phone/fax numbers.

3. The Determination

Under the DNCR Act, the ACMA is responsible for determining matters relating to the administration and operation of the register, including administrative matters such as the form in which applications must be made.

The ACMA has made the Do Not Call Register (Administration and Operation) Determination 2007 (the Determination) which, among other things, sets out the possible methods which can be used to make different kinds of applications to the register. The Determination also sets out that applications must comply with any written procedures approved by the ACMA for the particular method of application and include any information reasonably required by the ACMA, as specified on the ACMA and register websites.

This document includes the written procedures that must be complied with and the information the ACMA reasonably requires to process each of the application methods permitted under the Determination.

A current version of the Determination is available at www.comlaw.gov.au.

4. Application types

There are four types of applications that can be made to the register:

registering a number(s)

removing a number(s)

checking the registration of a number(s)

correcting the registration of a number(s).

Applications to the register can be made:

by telephone

via the register website

by post

by fax

by email

in any other way that has been approved by the ACMA and specified on the ACMA and register websites.

The application method(s) available depend on the following factors:

the type of applicantnominee or relevant account-holder

the type of applicationfor example, register or remove

whether it is an application for more or less than 20 numbers

whether the application includes any fax numbers.

The methods available for each type of application are listed at Appendix1.

5.How to contact the register

Via the register websitewww.donotcall.gov.au.

By telephone1300 792 958.

By mail, fax or email:

Mail Do Not Call Register PO Box 42 North Melbourne VIC 3051

Fax 1300 793 514

Email [email protected].

6.Eligible numbers

A number is eligible to be registered if it is an Australian number and is either:

used or maintained primarily for domestic purposes

used or maintained exclusively for transmitting and/or receiving faxes

used or maintained exclusively for use by a government body

an emergency services number.

Numbers used primarily for private or domestic purposes

An Australian number is eligible to be registered if it is used primarily for private or domestic purposes.

A number is likely to be used for private or domestic purposes where the:

number is mainly used to receive personal calls; for example, from friends and family

account for the number is in an individuals name

number is for a landline and is located at a residential address

number is not on a business plan.

A number is unlikely to be eligible to register as a private or domestic number if:

it is mainly used for business calls

the account for the number is registered in a business name

the number is on a business plan

the number is displayed on a companys website, business card or business directory.

No single factor listed above is indicative of the ineligibility of a number to be on the register. For example, a number may still be considered to be used primarily for private or domestic purposes even if it is sometimes used for business calls.

Numbers used exclusively for transmitting and/or receiving faxes

An Australian fax number can be registered so long as it is only used for sending or receiving fax messages, irrespective of whether it is used primarily for private or domestic purposes.

Dual phone/fax numbers

An Australian number that is used as a telephone as well as for sending or receiving fax messages (a dual phone/fax number) can be registered if its primary purpose is for private or domestic purposes. A dual phone/fax number used by a business may not be registered.

Numbers used exclusively by a government body

A number is eligible to be registered if it is used exclusively by a government body.

A government body can mean a department, agency, authority or instrumentality of a Commonwealth, state or territory government, as well as of the government of a foreign country (for example, a foreign embassy located in Australia).

It will usually be clear cut whether a number is used exclusively by a government body. Where it is not clear, factors considered in determining eligibility include whether:

the body is serving some public function

its powers are derived by statute

there is some oversight or control of its functions and activities by the executive government (that is, ministers and the public servants that assist them)

the body is exercising powers and functions conferred on it by government/parliament

the body is subject to laws that ordinarily only apply to government, such as freedom of information laws and laws relating to the management of public money (for example, Commonwealth Authorities and Companies Act 1997)

the staff are employed as public servants (for example, under the Public Service Act 1999).

Some examples of eligible government bodies include:

local councils

the Department of Communications

the Civil Aviation Safety Authority

Residential Tenancies Authority (Queensland)

Safe Food Production Queensland

ACT Revenue Authority.

If you are uncertain if your organisation falls within the definition of government body you should seek advice by contacting the register operator before registering the numbers.

Emergency service numbers

At present, the only emergency service numbers eligible for registration are 000, 112 and 106. Some organisations that perform emergency service functions may be eligible to register their numbers as a government body.

7.Removing ineligible numbers

If the ACMA becomes aware that a number is ineligible then it will be removed from the register.

To help make this assessment, the ACMA may seek further information from the relevant account-holder or nominee, who will be notified of the outcome.

8.Who can apply to the register?

An application to the register can be made by an account-holder or a nominee.

Account-holder

An account-holder is the individual or organisation solely responsible for the Australian number. If more than one individual or organisation is responsible for an Australian number, the account-holder is any of those individuals or organisations.

An organisation may apply through a duly authorised officer, in accordance with the normal rules of agency.

Nominees

Under the DNCR Act, the account-holder may nominate an individual in relation to an Australian number or numbers of the account-holder, and that nominee can (unless the nomination is withdrawn) make applications for the relevant number(s).

The DNCR Act requires that a nomination or withdrawal of a nomination be in writing.

9.Applications relating to 20numbers or lessApplication by telephone

The following application types may be made by telephone:

an application from a relevant account-holder to:

register a telephone number(s)

check an entry relating to a telephone number(s)

remove a telephone number(s).

Telephone applications are not currently available for fax numbers or nominees.

Relevant account holders applying to register a single number (other than an emergency service number) by telephone

Call 1300 792 958 from the number sought to be registered.

Follow the automated prompts and provide the requested information including:

the Australian number to be registered

agreement that you are the relevant account-holder for the Australian number sought to be registered

that the Australian number sought to be registered is either:

used or maintained primarily for private or domestic purposes

used or maintained exclusively for use by a government body

used or maintained exclusively for transmitting and/or receiving faxes.

confirmation that you would like the Australian number registered on the register

other information as required.

Relevant account-holders applying by telephone to register more than one number, but less than 21 numbers (other than an emergency service number) you must:

1. Call 1300 792 958.

Follow the automated prompts to speak to an operator.

Provide the requested information to the operator including:

the Australian numbers to be registered

agreement that you are the relevant account-holder for the Australian numbers sought to be registered

that the Australian numbers sought to be registered are either:

used or maintained primarily for private or domestic purposes

used or maintained exclusively for use by a government body

used or maintained exclusively for transmitting and/or receiving faxes

confirmation that you would like the Australian numbers registered on the register

other information as required.

Relevant account-holders applying by telephone to remove a single entry (other than an entry relating to an emergency service number) from the register

1. Call 1300 792 958 from the number sought to be removed.

Follow the automated prompts and provide the requested information including:

the number sought to be removed

that you are the relevant account-holder for the number sought to be removed

that you would like the number removed from the register

other information as required.

Relevant account-holders applying by telephone to remove more than one entry, but less than 21 entries (other than an entry relating to an emergency service number), from the register

1. Call 1300 792 958.

Follow the automated prompts to speak to an operator.

Provide the requested information to the operator including:

the numbers sought to be removed

that you are the relevant account-holder for the numbers sought to be removed

that you would like the numbers removed from the register

other information as required.

Relevant account-holders applying by telephone to check a single entry on the register

1. Call 1300 792 958 from the number sought to be checked.

Follow the automated prompts and provide the requested information including:

the number sought to be checked

that you are the relevant account-holder for the number sought to be checked

that you would like the number checked to see if it has been registered.

An automated return call to the number sought to be checked that gives its registration status will be made within 10minutes of the application.

Relevant account-holders applying by telephone to check more than one entry, but less than 21 entries (other than an entry relating to an emergency service number), on the register

1. Call 1300 792 958.

Follow the automated prompts to speak to an operator.

Provide the requested information to the operator including:

the numbers sought to be checked

that you are the relevant account-holder for the numbers sought to be checked

that you would like the numbers checked to see if they have been registered.

other information as required.

Relevant account-holders applying to register, remove or check an emergency services number(s) by telephone

1. Call 1300 792 958.

1. Follow the automated prompts to speak to an operator.

1. Provide the requested information about the number(s) to the operator.

Application by email, fax or post

All applications for registration, removal, checking and correction (other than for an emergency service number) in respect of less than 21 numbers may be made by post, email or fax.

1. Application forms are available from the register website at www.donotcall.gov.au or can be ordered by:

calling 1300 792 95

emailing a request to [email protected]

faxing a request to 1300 793 514.

1. A separate application form must be completed for each type of applicationfor example, use one application form to register a number(s) and a separate form to check the registration of a number(s).

1. Complete all the sections required in the application form and forward the application via one of the following addresses:

Mail Do Not Call Register PO Box 42 North Melbourne VIC 3051

Fax 1300 793 514

Email [email protected].

If you cant access the appropriate application form, send your application via email, letter or fax to the appropriate address above.

1. If you are a relevant account-holder, your application must include the following details:

your name and the Australian number(s) sought to be registered/checked/removed/corrected

that you are the applicant for the Australian number(s)

that the Australian number(s) are either used or maintained:

primarily for private or domestic purposes

exclusively for transmitting and/or receiving faxes

exclusively for use by a government body

that you would like the Australian number(s) to be registered/checked/removed/corrected on the register

the front page of a bill, or other supporting evidence, for the account associated with the Australian number(s) sought to be registered/checked/removed/corrected

your contact details for correspondence

other information as required.

1. If you are a nominee of a relevant account-holder, you must also provide:

written evidence of your nomination

the name of the relevant account-holder

your contact details and those of the relevant account-holder, for correspondence

other information as required.

Application via the register website

The register website is www.donotcall.gov.au.

Relevant account-holders may apply for the following via the register website:

to register number(s)

to check an entry relating to a number(s).

Applications via the register website for less than 21 numbers are not currently available to nominees.

Applications for registration and checking are to be submitted using an online form available on the register website.

You will be asked to provide information including:

your name and email address

the Australian number(s) to be registered or checked

that you are the relevant account-holder for the Australian number(s) sought to be registered or checked

that the Australian number(s) sought to be registered or checked are/is either:

used or maintained primarily for private or domestic purposes

used or maintained exclusively for use by a government body

used or maintained exclusively for transmitting and/or receiving faxes

that you understand providing false or misleading information is a serious criminal offence

that you would like the Australian number(s) registered or checked on the register

your contact details for correspondence

other information as required.

10.Applications for 21 or more numbers (bulk applications)Registering, removing, checking or correcting numbers

All bulk applications must made via the register website.

A separate application must be completed for each type of applicationfor example, provide one application to register numbers and a separate application to check the registration of numbers.

Bulk application to register/remove/check 21 or more numbers

You will be asked to provide information on the web form including:

your name and, if applying on behalf of an organisation, the name of the organisation

the Australian numbers that are to be registered/removed/checked

that you are the applicant for the Australian numbers sought to be registered/deregistered/checked

that the Australian numbers in the application are either:

used or maintained primarily for private or domestic purposes

used or maintained exclusively for transmitting and/or receiving faxes

used or maintained exclusively for use by a government body

an emergency service number

that you would like the Australian numbers registered/removed/checked on the register

electronic file(s) of the telephone and/or fax numbers to be registered removed/checked

documentation supporting your claim that you are authorised to apply to register/remove/check the Australian numbers on the register

other information as required.

Bulk application to correct entries on the register

To correct 21 or more entries on the register, you must:

remove or deregister the incorrect numbers on the registersee above for how to remove 21 or more numbers from the register

then, if required, register the correct numberssee above for how to register 21 or more numbers on the register.

11.Responsibilities of the ACMAand its contracted service provider

Once a relevant account-holder or nominee has applied in accordance with the Determination and these procedures, the ACMA or contracted service provider will register/check/remove/correct entries to the register in accordance with its obligations under the Determination.

Appendix 1application methods

Do Not Call Register list of application methods

Applicant type

How many numbers?

Application scenario

Phone/fax

Application method*

Post, fax, email

Internet

Telephone

Relevant account-holder

20

More than 20 numbers

Register

Phone

Correct

Remove

Check

Register

Fax

Correct

Remove

Check

Nominee

20

More than 20 numbers

Register

Phone

Correct

Remove

Check

Register

Fax

Correct

Remove

Check

KEY: allowed allowed but only if approved by the ACMA

*Other methods may be approved by the ACMA and if so, will be specified on the ACMA website and the register website.

For applications relating to:

less than 21 numbersgo to Section 9

21 numbers or morego to Section 10.

Glossary

Terms used in this document

Term

Definition

ACMA

Australian Communications and Media Authority

ACMA website

www.acma.gov.au

application

an application can be any one of the followingregister, remove, amend or check the status of number(s) on the register

bulk application

an application to the register for 21 or more numbers

the Determination

Do Not Call Register (Administration and Operation) Determination2007

DNCR Act

Do Not Call Register Act 2006

the register

Do Not Call Register

register website

www.donotcall.gov.au

Several words and phrases used in this document have the meanings given by section4 of the Do Not Call Register Act 2006. These include:

Australian number

contracted service provider

Do Not Call Register

emergency service number

fax

government body

nominee

relevant account-holder.

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AustralianCommunicationsand Media Authority