Do Not Call Register (Access Fees) Amendment Determination (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2013L00593

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Do Not Call Register (Access Fees) Amendment Determination (No. 1)
Do Not Call Register Act 2006
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 21 (1) of the Do Not Call Register Act 2006.
Dated  25th March 2013
                                                                                                            Chris Chapman
[signed]
Member
 
                                                                                                            Richard Bean
[signed]
Member
 
1              Name of Determination
                This Determination is the Do Not Call Register (Access Fees) Amendment Determination (No. 1).
2              Commencement
                This Determination commences on 8 April 2013.
3              Amendment of Do Not Call Register (Access Fees) Determination 2007 
                Schedule 1 amends the Do Not Call Register (Access Fees) Determination 2007.
4              Transitional
                The amendments made by Schedule 1 do not apply in relation to:
                 (a)     a subscription that was purchased for the purposes of the Do Not Call Register Act 2006 before the day on which this Determination commences; or
                (b)     an invoice for services provided under subsection 19 (2) of the Do Not Call Register Act 2006 that was issued before the day on which this Determination commences.
Schedule 1        Amendments
Do not delete : Schedule Part Placeholder
[1]           Section 3, after definition of access-seeker
insert
access‑seeker’s registration means the access‑seeker’s registration referred to in subsection 4 (3) of the Do Not Call Register (Access to Register) Determination 2007.
ACMA means the Australian Communications and Media Authority.
 [2]           Section 3, after definition of Act
 
insert
current subscription means a subscription which has commenced under section 6  and has not expired or been cancelled or suspended.
subscription fee means the component of a fee payable for services provided under subsection 19 (2) of the Act that is described as a subscription fee in column 3 of the table in subsection 4 (1).
[3]           Subsection  4 (1)
substitute
(1)       For paragraph 21 (1) (a) of the Act, the fee for services provided under subsection 19 (2) of the Act is comprised of the amount mentioned in the following table for not more than the number of Australian numbers, mentioned for a subscription type, that the access-seeker may submit for checking in a subscription period.
[4]            The table in section 4
substitute
 
Column 1
Subscription type
Column 2
Maximum number of Australian numbers able to be submitted for checking during a subscription period
Column 3
Subscription fee ($)

       A
                                        500
                0

       B
                                   20 000
              79

       C
                                 100 000
            370

       D
                              1 000 000
         3,200

       E
                            10 000 000
       27,000

        F
                            20 000 000
       45,000

       G
                            50 000 000
       67,500

       H
                          100 000 000
       90,000

 [5]          After subsection 4 (2)
                insert
(3)       A subscription fee is payable for each subscription for which the access‑seeker applies (other than for a type A subscription).
Example 1   An access‑seeker that selects subscription types C and D would be required to pay the ACMA or the contracted service provider:
(a)     $370 for subscription type C; and
(b)     $3200 for subscription type D.
Example 2   An access‑seeker that selects 2 type C subscriptions would be required to pay the ACMA or the contracted service provider $370 for each subscription.
Note 1   The subscription fee is exempt from GST under subsection 81‑5 (2) of the A New Tax System (Goods and Services Tax) Act 1999.
Note 2   Subsection 21 (6) of the Act provides that a fee is payable to the ACMA on behalf of the Commonwealth.
(4)       The ACMA must not act under subsection 19 (2) of the Act with respect to a list of Australian numbers submitted by an access-seeker under subsection 19 (1) of the Act unless the access-seeker holds a current subscription, which has unused numbers equal to or greater than the number of Australian numbers on the list to be checked.
[6]           Paragraph 5 (1) (a)
omit “annual”
 
[7]           Sections 6 and 8
substitute
 
 6             Subscription period
(1)       The subscription period for an access-seeker who has ordered a type A subscription commences on the day the ACMA, or the contracted service provider on behalf of the ACMA, receives the access-seeker’s order for services.
(2)       The subscription period for an access-seeker who has ordered a subscription other than a type A subscription commences on the day the ACMA, or the contracted service provider on behalf of the ACMA, receives the access-seeker’s subscription fee, on behalf of the Commonwealth.
(3)       A subscription period for an access-seeker ends 12 months after the day it commences, unless cancelled by the ACMA under subsection 5 (4).
(4)       The ACMA may agree that the subscription period for an access-seeker commences on the day the access-seeker agrees to pay the subscription fee, where it is not possible or practical for the subscription period to commence in accordance with subsection 6 (2).
7              Orders for services
(1)               An access-seeker may order a subscription by submitting an order to the ACMA using a method specified by the ACMA.
 
(2)               The ACMA may cancel an order for a subscription that is not paid for in full within 14 days of the order being submitted.
 
(3)               The ACMA may specify a method or methods of payment by which a subscription must be paid.
8              Suspensions of registration
(1)               If an access-seeker pays a subscription fee and the payment is subsequently dishonoured the ACMA may suspend the access‑seeker’s registration.
 
(2)               If the ACMA suspends an access-seeker’s registration under subsection (1) the ACMA may reactivate the access-seeker’s registration when the access-seeker pays the subscription fee.
 
(3)               If an access-seeker’s registration is reactivated under subsection (2), the subscription period for any subscriptions held by the access-seeker subject to a suspension will not be affected by the suspension.
 
(4)               The ACMA may suspend an access‑seeker’s registration without notice to the access-seeker in exceptional circumstances, including where there is a suspected misuse of an account, potential fraud, or issues with the access-seeker’s account which may affect the operation or security of the Register.
 
 
 
 
 
Note  Under subsection 4 (3) of the Do Not Call Register (Access to Register)
Determination 2007, an access-seeker must be registered with ACMA to be eligible to
submit a list of Australian numbers for checking against the register. Suspending the
access-seeker’s registration will prevent the access-seeker from submitting a list of
Australian numbers for checking against the register.
 
[8]            Section 9
before “ACMA” insert “The”
Note
All legislative instruments are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.