Do Not Call Register application procedure guideAPRIL 2015

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1. Introduction

2. Background

3. The Determination

4. Application types

5. How to contact the register

6. Eligible numbers

7. Removing ineligible numbers

8. Who can apply to the register?

9. Applications relating to 20 numbers or fewer

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

11. Responsibilities of the ACMA and its contracted service provider

Appendix 1—application methods

Glossary

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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).

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2. BackgroundThe 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.

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3. The DeterminationUnder 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.

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4. Application typesThere 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 applicant—nominee or relevant account-holder> the type of application—for 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 Appendix   1 .

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5. How to contact the register> Via the register website—www.donotcall.gov.au.> By telephone—1300 792 958.> By mail, fax or email:

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

Fax 1300 793 514

Email enquiries@donotcall.gov.au.

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6. Eligible numbersA 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 purposesAn 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 individual’s 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 company’s 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 faxesAn 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 numbersAn 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.

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Numbers used exclusively by a government bodyA 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 numbersAt 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’.

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7. Removing ineligible numbersIf 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.

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

Account-holderAn 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.

NomineesUnder 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.

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9. Applications relating to 20 numbers or lessApplication by telephoneThe 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 telephone1. Call 1300 792 958 from the number sought to be registered.2. 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 792 958.2. Follow the automated prompts to speak to an operator.3. 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.

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Relevant account-holders applying by telephone to remove a single entry (other than an entry relating to an emergency service number) from the register1. Call 1300 792 958 from the number sought to be removed.2. 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 register1. Call 1300 792 958.2. Follow the automated prompts to speak to an operator.3. 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 register1. Call 1300 792 958 from the number sought to be checked.2. 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 10 minutes 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 register1. Call 1300 792 958. 2. Follow the automated prompts to speak to an operator.3. 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.

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Relevant account-holders applying to register, remove or check an emergency services number(s) by telephone1. Call 1300 792 958.2. Follow the automated prompts to speak to an operator.3. Provide the requested information about the number(s) to the operator.

Application by email, fax or postAll 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 enquiries@donotcall.gov.au> faxing a request to 1300 793 514.

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

3. 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 enquiries@donotcall.gov.au.

If you can’t 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.

2. 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

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> 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.

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10. Applications for 21 or more numbers (bulk applications)Registering, removing, checking or correcting numbersAll bulk applications must made via the register website.

A separate application must be completed for each type of application—for 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 numbersYou 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 registerTo correct 21 or more entries on the register, you must:> remove or deregister the incorrect numbers on the register—see above for how to

remove 21 or more numbers from the register> then, if required, register the correct numbers—see above for how to register 21 or

more numbers on the register.

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11. Responsibilities of the ACMA and 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.

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Appendix 1—application methodsTable 1: Do Not Call Register list of application methods

Applicant type

How many numbers?

Application scenario Phone/fax

Application method*Post, fax, email Internet Telephone

Rel

evan

t acc

ount

-hol

der <21

Less than 21 numbers

Register

Phone

Correct Remove Check Register

Fax

Correct Remove Check

>20More than 20 numbers

Register

Phone

Correct Remove Check Register

Fax

Correct Remove Check

Nom

inee

<21Less than 21 numbers

Register

Phone

Correct Remove Check Register

Fax

Correct Remove Check

>20More 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 numbers—go to Section 9> 21 numbers or more—go to Section 10.

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GlossaryTable 2: 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 following—register, 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) Determination 2007

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 section 4 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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