Telecommunications (Telemarketing and Research Calls) Industry Standard 2017 (Cth)

Telecommunications (Telemarketing and Research Calls) Industry Standard 2017

The Australian Communications and Media Authority makes the following industry standard under subsection 125A(1) of the Telecommunications Act 1997.

Dated: 20 March 2017 Richard Bean [signed] Member

James Cameron [signed] Member/General Manager

Australian Communications and Media Authority

Part 1—Preliminary

1 Name This is the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017.

2 Commencement This industry standard commences at the start of the day after it is registered.

Note: The Federal Register of Legislation may be accessed at www.legislation.gov.au.

3 Authority This industry standard is made under subsection 125A(1) of the Telecommunications Act 1997.

4 Repeal of the Telemarketing and Research Industry Standard 2007 The Telemarketing and Research Industry Standard 2007 (Registration No. F2007L00815) is repealed. 5 Persons to which this industry standard applies For section 125A of the Act, this industry standard applies to participants in each section of the telemarketing industry. Note: The content of this industry standard relates to making, attempting to make, or proposing to make, a call. 6 Definitions (1) In this industry standard: ACMA means the Australian Communications and Media Authority. Act means the Telecommunications Act 1997. Australian number has the meaning given by section 4 of the Do Not Call Register Act 2006. call means a telemarketing call. caller means a participant in a section of the telemarketing industry that makes, attempts to make, or proposes to make, a call.

calling line identification means a facility in telecommunications networks that indicates either the telephone number from which the call was initiated or to which the call recipient may call back. call recipient means an individual who receives a call from a caller, whether or not the call recipient is a relevant account‑holder. nominee has the meaning given by section 39 of the Do Not Call Register Act 2006. relevant account-holder has the meaning given by section 4 of the Do Not Call Register Act 2006. research call means a call described in paragraph (b) of the definition of telemarketing call in section 7 of the Act. telemarketing call has the meaning given by section 7 of the Act. Note: Section 7 of the Act contains the following definition: telemarketing call means: (a) a telemarketing call (within the meaning of the Do Not Call Register Act 2006) that is made to an Australian number; or (b) a voice call (within the meaning of the Do Not Call Register Act 2006) that is made to an Australian number, where, having regard to: (i) the content of the call; and (ii) the presentational aspects of the call; it would be concluded that the purpose, or one of the purposes, of the call is: (iii) to conduct opinion polling; or (iv) to carry out standard questionnaire‑based research. voice call has the meaning given by section 4 of the Do Not Call Register Act 2006. Note: The definition of voice call contained in section 4 of the Do Not Call Register Act 2006 includes, among other things, a call that involves a recorded or synthetic voice. (2) In this industry standard, and in addition to any other meaning of cause, a person (the first person) is taken to have caused a call to be made if: (a) the first person enters into a contract (other than a contract of employment) or arrangement, or arrives at an understanding, with another person; and (b) under the contract, arrangement or understanding, the other person undertakes: (i) to make calls; or (ii) to cause any or all of the other person's employees or agents to make calls; and (c) the other person, or an employee or agent of the other person, gives effect to the contract, arrangement or understanding by making a call. (3) In this industry standard, and in addition to any other meaning of cause, a person (the first person) is taken to have caused a call to be made if: (a) the first person is the employer of another person; and (b) the call is made by the other person as a call operator on behalf of the first person; and (c) the call is not caused to be made by any other person mentioned in subsection (2). 7 References to other legislative instruments In this industry standard, unless the contrary intention appears, a reference to another legislative instrument is a reference to that other legislative instrument as in force from time to time. Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments. Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation. Part 2 — Standards