Document ID: chunk:federal_register_of_legislation:F2017L00323:body:0:p3
Version: federal_register_of_legislation:F2017L00323
Segment Type: other
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Character Range: 5521–8306

a research call, or attempt to make such a call, on:
            (a) a weekday before 9 am; or
            (b) a weekday after 8 pm; or
            (c) a Saturday before 9 am; or
            (d) a Saturday after 5 pm; or
            (e) a Sunday.
           Note:    A caller may be prohibited from making a call, or attempting to make a call, at other times, in accordance with State or Territory laws: see section 15.

    Times — research calls
        (2) Subject to subsections (3) and (5), a caller must not make, or cause to be made, a research call, or attempt to make a research call, on:
            (a) a weekday before 9 am; or
            (b) a weekday after 8.30 pm; or
            (c) a Saturday before 9 am; or
            (d) a Saturday after 5 pm; or
            (e) a Sunday before 9 am; or
            (f) a Sunday after 5 pm.
           Note:    A caller may be prohibited from making a call, or attempting to make a call, at other times, in accordance with State or Territory laws: see section 15.
        (3) Despite paragraphs (1)(a) to (d), or (2)(a) to (f) and subject to subsection (5), a caller must not make, or attempt to make a call at any time on:
            (a) a day that is any of the following national public holidays:
                 (i) New Year's Day;
                 (ii) Australia Day;
                 (iii) Good Friday;
                 (iv) Easter Monday;
                 (v) Anzac Day;
                 (vi) Christmas Day;
                 (vii) Boxing Day; or
            (b) a holiday on a weekday given in lieu of a public holiday mentioned in paragraph (a).
       Example
       If Christmas Day falls on a Saturday, calls would be prohibited on the whole of Christmas Day. Calls would also be prohibited on any other day that is a public holiday in lieu of Christmas Day.
           Note: Callers are not prohibited from making or attempting to make calls on a State or Territory public holiday, unless the State or Territory public holiday falls on a day prohibited in subsections (1) or (3), and subject to the prohibited calling times in subsections (1) and (2).
        (4) For subsections (1), (2) and (3), a reference to a time of day, is the time of day at the place that is the usual residential address of the relevant account‑holder.

           Note: In addition to subsections (1), (2) and (3), a caller must immediately terminate a call if they receive information that would lead a reasonable person to conclude that the call recipient is not at the usual residential address of the relevant account-holder and has received the call at a time that is a calling time described in subsection 8(1), (2) or (3): see paragraph 13(1)(a) and subsection 13(2).

    Exception where express consent has been given in advance