Friday, Aug 04, 2006 at 21:54
The ADMA is an association that is self regulating and that regulation only applies to members of that asscociation.
If the telemarketer calling you is not a member of that association, then they dont have to comply to anything at the moment.
When the Do Not Call legislation comes into being in 2007, hopefuly things will get better as all australian based telemarketers will have to comply by law, but dont know about overseas based telemarketers.
It is interesting to note that if you register for the Do Not Call Register, that the registration is only valid for 3 years and after that you have to reregister.
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National Do Not Call register ¡V Legislation passed
The legislation creating the National Do Not Call Register passed through Parliament with only one small amendment being made to the Bill prior to adoption*. The Australian Communications & Media Authority (ACMA) will now be tasked with implementing the legislation, with the aim of establishing the Register by early 2007.
Last week, ADMA held meetings with Senator Coonan"'s Office, the Department of Communications, IT & the Arts and the Senate Committee to raise concerns that the legislation contains numerous "&
grey areas"' particularly around the definition of "&consent"' and the concept of an "&existing business relationship"', which may introduce compliance difficulties for industry. ADMA has been assured that clarification will be provided through the regulations that are due to be developed by ACMA.
The key features of the legislation are as follows:
Registration
„X Registration will relate to telephone number only.
„X Only residential telephone numbers are permitted to be registered on the Do Not Call file ¡V small businesses cannot register.
„X The registration must be made by the telephone account holder or a person "&nominated"' by the telephone account holder ¡V any "&nomination"' made by the account holder must be in writing*.
„X Registrations last for 3 years after which time the number will need to be reregistered.
Application
„X Organisations will be prohibited from making a telephone marketing call to a telephone number that is on the Do Not Call register unless express or inferred consent has been given by the telephone account holder or a person "&nominated"' by the telephone account holder.
„X Express consent is where the telephone account holder or "&nominated"' person "&opts-in"' to or requests a telephone marketing call. The organisation obtaining the express consent will need to state the time period for which consent has been obtained for, otherwise it will expire after 3 months.
„X Inferred consent is where the organisation has an existing business relationship with the account holder or the "&nominated"' person. The instances where an "&existing business relationship"' exists remains unclear but appears to require an ongoing transactional relationship.
„X Only the telephone account holder or "&nominated"' person can consent to receiving telephone marketing calls on the number registered, however it appears that an organisation will be permitted to rely on an individual"'s undertaking that they have been "&nominated"'.
Exemptions
„X Charities, political parties, Government bodies, educational institutions, religious organisations are exempt and therefore permitted to call telephone numbers listed on the Do Not Call register.
Penalties
„X The penalties are on a sliding scale depending on (a) whether the organisation is a body corporate (b) the number of calls made to numbers listed on the DNC file; and (c) and whether the organisation has previously breached the Act. For a single breach by a person/ organisation with no prior record, fines range from $1,100 - $11,000. The maximum fine for repeated breach is $1,100,000.
ACMA will now develop regulations that will add detail to the new laws. These regulations will determine the mechanics of the Do Not Call Register, how it will operate, and the standards that telemarketers must subscribe to, such as permitted calling times, use of CLI and termination of calls.
In addition, the new laws recognise that a Code of Practice will be developed by industry to provide guidance for organisations that are subject to the new legislation. This Code will play a vital role in providing some clarity on the ambiguous aspects of the legislation.
For more information please contact jodie.sangster@adma.com.au.
* The requirement that any "&nomination"' made by the account holder must be in writing was the only amendment to the Bill prior to adoption. Prior to the amendment, nominations could be made orally.
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