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Telecommunications
Legislation Amendment (Consumer Protection) Bill 2013
Introduced into the House of
Representatives on 21 March 2013
Portfolio: Broadband, Communications
and the Digital Economy
Summary of committee view
1.313
The committee
seeks clarification as to whether the bill limits the right to freedom of
expression in the amendments to the Do Not Call Register Act 2006
and how that Act is compatible with the right to freedom of expression.
Overview
1.314
This bill seeks
to make amendments to telecommunications legislation to strengthen consumer
protection and improve the telecommunications co-regulatory framework. In
particular, the bill:
- makes amendments
to the Do Not Call Register Act 2006 to tighten laws around the making
of telemarketing calls and sending marketing faxes;
- streamlines the
process for amending registered industry codes under the Telecommunications
Act 1997;
- provides greater
clarity about the Telecommunications Industry Ombudsman's (TIO) role and
expected standards of operation, and requires periodic review of the TIO scheme
Compatibility with human
rights
1.315
The bill is
accompanied by a self-contained statement of compatibility which states that
the bill is compatible with human rights as it does not engage any rights.
However, it then goes on to note that in coming to this conclusion,
consideration was given to the impact on the right to privacy of provisions
that require a body or association to publish on its website any submissions
from members of the public that it received in relation to a telecommunications
draft industry code or variations to a code. The statement of compatibility
notes that these new proposed sections 'do not require personal information to
be published and the relevant body or association would be required to comply with
its obligations under the Privacy Act 1988. The committee considers
that this aspect of the bill does not appear to give rise to human
rights concerns.
Freedom
of expression
1.316
The committee
notes that the right to freedom of expression in article 19 of the
International Covenant on Civil and Political Rights includes the right to
impart and receive information about commercial matters. The Do Not Call
Register Act 2006 prohibits the making of telemarketing calls or faxes to
numbers registered on the Do Not Call Register. This bill makes amendments to
that Act to enhance its operational efficiency. This appears to engage the
right to freedom of expression and the statement of compatibility should,
therefore, explain the nature of the amendments and the effect on freedom of
expression.
1.317
The
committee intends to write to the Minister for Broadband, Communications and
the Digital Economy to seek clarification as to whether the bill limits the
right to freedom of expression in the amendments to the Do Not Call Register
Act 2006 and whether that Act is compatible with the right to freedom
of expression.
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