Document ID: chunk:federal_register_of_legislation:F2017L00237:reg:7
Version: federal_register_of_legislation:F2017L00237
Segment Type: reg
Provision Reference: reg 7
Character Range: 8207–10443

7  Deemed nominees
 (1) This section applies if:
 (a) an individual (or another person acting on behalf of the individual) gives an Australian number to a person or organisation for the purpose of allowing the person or organisation to contact the individual; and
 (b) the individual is not the relevant account‑holder in relation to the Australian number.
 (2) For the purposes of subsection 39(4) of the Act, the individual is taken to be a nominee of the relevant account‑holder for the purposes of giving consent to:
 (a) the person or organisation making a call, or sending a fax, to the Australian number to contact the individual; or
 (b) the person or organisation arranging for another person to make a call, or send a fax, to the Australian number to contact the individual on behalf of the person or organisation.
Example 1: An individual provides another person's telephone number as a contact telephone number to a bank on a loan application form. The individual is a deemed nominee of the other person for the purpose of consenting to the bank calling that number to contact the individual.
Example 2: An individual asks a retailer to contact them on another person's telephone number about a particular product. The individual is a deemed nominee of the other person for the purpose of consenting to the retailer calling that number to contact the individual. The individual would still be a deemed nominee if the number were passed to an organisation that performed customer service functions on behalf of the retailer.
Example 3: A married couple resides with one spouse's parents, who are the relevant account‑holders for an Australian number. The spouse gives the number to a bank for the bank to call either member of the couple about a home loan. That spouse is a deemed nominee for the purpose of consenting to the bank calling that number to contact either member of the couple.
Note: This section provides for an individual to be taken to be a nominee only for the purpose of giving consent to a person or organisation making a call, or sending a fax, to contact the individual, and not for the purpose of applying under section 15 of the Act for an Australian number to be entered on the Do Not Call Register.