Document ID: chunk:federal_register_of_legislation:F2017L00323:body:0:p1
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Telecommunications (Telemarketing and Research Calls) Industry Standard 2017

The Australian Communications and Media Authority makes the following industry standard under subsection 125A(1) of the Telecommunications Act 1997.

Dated: 20 March 2017
Richard Bean
[signed]
Member

James Cameron
[signed]
Member/General Manager

Australian Communications and Media Authority

Part 1—Preliminary

    1 Name
     This is the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017.

    2 Commencement
     This industry standard commences at the start of the day after it is registered.

Note: The Federal Register of Legislation may be accessed at www.legislation.gov.au.

    3 Authority
     This industry standard is made under subsection 125A(1) of the Telecommunications Act 1997.

    4 Repeal of the Telemarketing and Research Industry Standard 2007
     The Telemarketing and Research Industry Standard 2007 (Registration No. F2007L00815) is repealed.
    5 Persons to which this industry standard applies
    For section 125A of the Act, this industry standard applies to participants in each section of the telemarketing industry.
           Note: The content of this industry standard relates to making, attempting to make, or proposing to make, a call.
    6 Definitions
        (1)           In this industry standard:
        ACMA means the Australian Communications and Media Authority.
        Act means the Telecommunications Act 1997.
        Australian number has the meaning given by section 4 of the Do Not Call Register Act 2006.
        call means a telemarketing call.
        caller means a participant in a section of the telemarketing industry that makes, attempts to make, or proposes to make, a call.

        calling line identification means a facility in telecommunications networks that indicates either the telephone number from which the call was initiated or to which the call recipient may call back.
        call recipient means an individual who receives a call from a caller, whether or not the call recipient is a relevant account‑holder.
        nominee has the meaning given by section 39 of the Do Not Call Register Act 2006.
        relevant account-holder has the meaning given by section 4 of the Do Not Call Register Act 2006.
        research call means a call described in paragraph (b) of the definition of telemarketing call in section 7 of the Act.
        telemarketing call has the meaning given by section 7 of the Act.
           Note:  Section 7 of the Act contains the following definition:
                telemarketing call means:
                    (a) a telemarketing call (within the meaning of the Do Not Call Register Act 2006) that is made to an Australian number; or
                    (b) a voice call (within the meaning of the Do Not Call Register Act 2006) that is made to an Australian number, where, having regard to:
                      (i) the content of the call; and
                      (ii) the presentational aspects of the call;
                    it would be concluded that the purpose, or one of the purposes, of the call is:
                      (iii) to conduct opinion polling;