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The Do Not Call Register legislation (previously noted on LawFont) was today passed in the Senate. There is no word on its date of commencement (and nothing on Senator Coonan’s home page yet either, although there is a release about government subsidising of internet porn filters that I noted noted the other day). Edited to update: ACMA now has a press release online stating that the register “is expected to be up and running in 2007”, and Senator Coonan also has a release stating that she “look[s] forward to being able to announce the start of the Register in early 2007”.

The text of the bill is also available online, and it looks to carry on the tradition of over-drafted and over-complex legislation. For example, see section 5:

5 Telemarketing calls

Basic definition

(1) For the purposes of this Act, a telemarketing call is a voice call to a telephone number, where, having regard to:

(a) the content of the call; and

(b) the presentational aspects of the call; and

(c) the content that can be obtained using the telephone numbers, URLs or contact information (if any) mentioned in the call; and

(d) if the telephone number from which the call is made is disclosed to the recipient (whether by calling line identification or otherwise)—the content (if any) that can be obtained by calling that telephone number;

it would be concluded that the purpose, or one of the purposes, of the call is:

(e) to offer to supply goods or services; or

(f) to advertise or promote goods or services; or

(g) to advertise or promote a supplier, or prospective supplier, of goods or services; or

(h) to offer to supply land or an interest in land; or

(i) to advertise or promote land or an interest in land; or

(j) to advertise or promote a supplier, or prospective supplier, of land or an interest in land; or

(k) to offer to provide a business opportunity or investment opportunity; or

(l) to advertise or promote a business opportunity or investment opportunity; or

(m) to advertise or promote a provider, or prospective provider, of a business opportunity or investment opportunity; or

(n) to solicit donations; or

(o) a purpose specified in the regulations.

(2) For the purposes of paragraphs (1)(e) to (m), it is immaterial whether the goods, services, land, interest or opportunity exists.

(3) For the purposes of paragraphs (1)(e) to (m), it is immaterial whether it is lawful to acquire the goods, services, land or interest or take up the opportunity.

(4) Either of the following:

(a) the supplier or prospective supplier mentioned in paragraph (1)(g) or (j);

(b) the provider or prospective provider mentioned in paragraph (1)(m);

may be the individual or organisation who made the call or authorised the making of the call.

(5) Paragraphs (1)(e) to (o) are to be read independently of each other.

(6) Subsection (1) has effect subject to subsection (7).
Excluded calls—regulations

(7) The regulations may provide that a specified kind of voice call is not a telemarketing call for the purposes of this Act.