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1. Introduction

The Do Not Call Register (the Register) was established in May 2007 under the Do Not Call Register Act 2006 (the Act) in response to community concerns about unsolicited telemarketing calls.

The Register enables Australians to opt-out of receiving unsolicited commercial telemarketing calls by listing their fixed line, VOIP, satellite and mobile telephone numbers that are used or maintained exclusively or primarily for private or domestic purposes.

The Australian Government announced in the 2009–10 Budget that the Register will be extended to allow the registration of all telephone and fax numbers, including those used by businesses and emergency services. The changes will require legislative amendment to be implemented. Legislation to amend the Act is expected to be introduced into Parliament later this year, following further consultation with industry.

1.1 Statutory Review

Section 45 of the Act requires a review of the legislation and the relevant provisions of the Telecommunications Act 1997 (the Telecommunications Act) to be conducted before, or as soon as possible after, May 2010. Following the review, a report must be tabled in Parliament within 15 sitting days of the completion of the report.

The Department of Broadband, Communications and the Digital Economy (the Department) is seeking community views through this discussion paper to contribute to a review of the Register legislation and scheme.

This discussion paper considers the key elements under the Act and the key operational aspects of the scheme.

The statutory review will not consider the cost recovery arrangements that are currently in place, under which the telemarketing industry meets the full direct costs of operating the Register. This issue was addressed in a review of the policy underlying the cost recovery arrangements of the scheme that was undertaken in March 2008.

In addition, the statutory review will not consider the changes announced in the 2009–10 Budget to extend the scope of the Register to allow the registration of all telephone and fax numbers.

The Department will be undertaking industry consultation on the statutory review following the release of this discussion paper. These consultations will be undertaken in conjunction with consultation on the implementation of the extension of the Register to all telephone and fax numbers.

1.2 How to make a submission

The Department is seeking views on the issues raised in this discussion paper to assist in providing advice to the Government regarding the Register. This paper is for consultation purposes only and does not represent current Government policy.

Questions are included in boxes throughout the paper to guide discussion. Respondents are invited to provide written submissions or comments to address these questions, or provide a more general response if preferred. For convenience, the full list of questions is provided at Attachment A.

Submissions must include the respondent’s name, organisation (if relevant) and contact details. Submissions with no verifiable contact details will not be considered.

Respondents should be aware that submissions may be made publicly available, including on the Department’s website (www.dbcde.gov.au). The Department reserves the right not to publish any submission, or part of a submission, which in the view of the Department contains potentially defamatory material, or where it considers it appropriate to do so for confidentiality or other reasons.

All submissions will be treated as non-confidential information unless the respondent specifically requests the submission, or a part of the submission, is kept confidential, and acceptable reasons accompany the request. Email disclaimers will not be considered sufficient confidentiality requests. Note that submissions or comments will generally be subject to the provisions of the Freedom of Information Act 1982.

The closing date for submissions is 5.00 pm 4 November 2009.

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