ACMA awards contract under the Do Not Call Register Act 2006
On 1 February 2007, the Australian Communications and Media Authority (ACMA) awarded Service Stream Solutions Pty Ltd (Service Stream) the contract valued at $12.1 million to build, operate, publicise and maintain the Do Not Call Register (Register) established under the Do Not Call Register Act 2006. Once the Register is operational (by May 2007 at the latest), Australians may choose to list their fixed line and mobile numbers to avoid receiving telemarketing calls. The contract will run until February 2011, when Service Stream choose to extend it for a further three years.
Service Stream will be responsible for the following activities associated with the Do Not Call Register:
building and maintenance
administration and operation
promoting awareness, and
handling complaints and enquiries.
ACMA will continue to be responsible for:
overseeing the Register, and
investigating breaches of the Do Not Call Register Act 2006.
On 1 February 2007, ACMA released for public comment, a draft Do Not Call Register (Access to Register) Determination 2007, which outlines how telemarketers should submit their calling lists for checking against the Register. It explains how:
a list of telephone numbers should be submitted to the register operator for checking, and
the register operator should inform telemarketers which telephone numbers on a list are on the Do Not Call Register.
A copy of the draft determination is available on the ACMA website. Over the February/March period, ACMA plans to release a second draft determination on how to register telephone numbers and a third draft determination on how to pay fees for access.
For further information on the Do Not Call Register please visit the ACMA website.
Broadcasting Services Amendment Act 2006
Comes Into Effect
On 4 February 2007, the Communications Legislation Amendment (Enforcement Powers) Act 2006 came into effect to amend the Broadcasting Services Act 1992 to provide the Australian Communication and Media Authority (ACMA) with a range of flexible enforcement powers for breaches of broadcasting regulations.
Previously, ACMA’s enforcement powers were limited to:
referring criminal prosecution matters to the Commonwealth Director of Public Prosecutions
suspending, cancelling and imposing additional conditions on licences issued under the Broadcasting Services Act 1992, and
issuing the following notices:
notice to conform
notice of intention
notice to cease
notice to provide services complying with code, and
notice to require a person to remedy a breach.
With its new enforcement powers, ACMA can now also:
issue remedial directions, and infringement notices.
accept enforceable undertakings
against unacceptable media diversity or three-way control situations
when an unlicensed broadcasting service provider has failed to comply with requirements, and
pursue civil penalty orders through the Federal Court.
Businesses that rely on email or SMS for marketing purposes need to be aware of, and comply with, the Spam Act 2003.
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