Commonwealth of Australia Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
DO NOT KNOCK REGISTER BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Do Not Knock Register Bill 2012
No. , 2012
(Mr Georganas)
A Bill for an Act to establish a Do Not Knock
Register, and for other purposes
i Do Not Knock Register Bill 2012 No. , 2012
Contents
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Simplified
outline
..............................................................................
2
4 Definitions
.........................................................................................
2
5 Meaning
of
marketing call ................................................................. 5
6
Crown to be bound ............................................................................. 6
7
Extension to external Territories ........................................................ 6
Part 2--Rules about making marketing calls
7
8
Unsolicited marketing calls must not be made to an address
registered on the Do Not Knock Register .......................................... 7
9
Agreements for the making of marketing calls must require
compliance with this Act ................................................................... 9
Part 3--Do Not Knock Register
11
10
Do Not Knock Register .................................................................... 11
11 Applications
.....................................................................................
11
12 Inclusion
on
Register ....................................................................... 11
13
Period of inclusion ........................................................................... 12
14 Access
to
Register ............................................................................ 12
Part 4--Civil penalties
13
15
Civil penalty orders .......................................................................... 13
16
Maximum penalties for contravention of civil penalty
provisions ......................................................................................... 13
17
2 or more proceedings may be heard together ................................. 16
18
Time limit for application for an order ............................................ 16
19
Civil evidence and procedure rules for civil penalty orders ............. 16
20 Ancillary
orders--compensation ..................................................... 16
21 Ancillary
orders--recovery of financial benefit .............................. 17
22 Infringement
notices
........................................................................
18
Part 5--Injunctions
19
23 Injunctions
.......................................................................................
19
24 Interim
injunctions
...........................................................................
19
25 Discharge
etc.
of injunctions............................................................ 20
26
Certain limits on granting injunctions not to apply .......................... 20
27
Other powers of the Federal Court or the Federal Magistrates
Court unaffected .............................................................................. 21
Do Not Knock Register Bill 2012 No. , 2012 ii
Part 6--Miscellaneous
22
28 Nominees
.........................................................................................
22
29 Formal
warnings--breach
of civil penalty provision ....................... 22
30 Additional
Registrar functions ......................................................... 22
31
Operation of State and Territory laws .............................................. 23
32
Implied freedom of political communication ................................... 23
33
Review of operation of Act .............................................................. 23
34
Making complaints and investigating contraventions ...................... 23
35 Delegation
........................................................................................
23
36 Regulations
......................................................................................
24
Schedule 1--Designated marketing calls
25
1 Object
...............................................................................................
25
2
Government bodies, religious organisations and charities ............... 25
3
Political parties, independent members of parliament,
candidates etc. .................................................................................. 25
4 Educational
institutions
....................................................................
27
5 Regulations
......................................................................................
28
6
Authorising the making of marketing calls ...................................... 28
Schedule 2--Consent
29
1 Object
...............................................................................................
29
2 Basic
definition
................................................................................
29
3
Duration of express consent ............................................................. 29
4
Consent may not be inferred from the publication of an
address ............................................................................................. 29
5
Regulations about consent ............................................................... 30
Schedule 3--Infringement notices
31
1 Object
...............................................................................................
31
2
When an infringement notice can be given ...................................... 31
3
Matters to be included in an infringement notice ............................. 31
4
Amount of penalty ........................................................................... 32
5
Withdrawal of an infringement notice ............................................. 34
6
What happens if the penalty is paid ................................................. 34
7
Effect of this Schedule on civil proceedings .................................... 35
8 Regulations
......................................................................................
35
Schedule 4--Making complaints and investigating
contraventions
36
1 Object
...............................................................................................
36
2
Complaints to the Registrar ............................................................. 36
iii Do Not Knock Register Bill 2012 No. , 2012
3 Obtaining
information and documents ............................................. 36
4 Use
of
documents
............................................................................
37
5 Reasonable
compensation
for copying documents .......................... 38
6 Self-incrimination
............................................................................
38
7
Decision not to investigate complaint--persons to be
informed ........................................................................................... 38
8
Protection from civil actions ............................................................ 39
Do Not Knock Register Bill 2012 No. , 2012 1
A Bill for an Act to establish a Do Not Knock
1
Register, and for other purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act may be cited as the Do Not Knock Register Act 2012.
7
2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
10
Part 1 Preliminary
Section 3
2 Do Not Knock Register Bill 2012 No. , 2012
3 Simplified outline
1
The following is a simplified outline of this Act:
2
·
Unsolicited marketing calls must not be made to an address
3
registered on the Do Not Knock Register.
4
·
Agreements for the making of marketing calls must require
5
compliance with this Act.
6
·
The main remedies for breaches of this Act are infringement
7
notices, civil penalties and injunctions.
8
·
Proceedings for civil penalties and injunctions may be
9
instituted by the Registrar in the Federal Court or the Federal
10
Magistrates Court.
11
4 Definitions
12
In this Act:
13
acquire, when used in relation to goods or services, has the same
14
meaning as in the Competition and Consumer Act 2010.
15
agency includes:
16
(a) an armed force; and
17
(b) a police force.
18
authorise, when used in relation to the making of a marketing call,
19
has a meaning affected by clause 6 of Schedule 1.
20
business includes a venture or concern in trade or commerce,
21
whether or not conducted on a regular, repetitive or continuous
22
basis.
23
candidate means a person who has been nominated as a candidate
24
under:
25
(a)
the
Commonwealth Electoral Act 1918; or
26
(b) a law of a State or Territory that deals with electoral matters.
27
Preliminary Part 1
Section 4
Do Not Knock Register Bill 2012 No. , 2012 3
cause, when used in relation to the making of a marketing call, has
1
a meaning affected by subsection 8(8).
2
civil penalty order has the meaning given by subsection 15(2).
3
civil penalty provision means any of the following provisions:
4
(a)
subsection
8(1);
5
(b)
subsection
8(7);
6
(c)
subsection
9(1);
7
(d)
subsection
9(2).
8
consent, when used in relation to the making of a marketing call,
9
has the meaning given by Schedule 2.
10
designated marketing call has the meaning given by Schedule 1.
11
director includes a member of the governing body of an
12
organisation.
13
Do Not Knock Register means the register kept under section 10.
14
educational institution includes:
15
(a) a pre-school; and
16
(b) a school; and
17
(c) a college; and
18
(d)
a
university.
19
evidential burden, in relation to a matter, means the burden of
20
adducing or pointing to evidence that suggests a reasonable
21
possibility that the matter exists or does not exist.
22
Federal Court means the Federal Court of Australia.
23
goods has the same meaning as in the Competition and Consumer
24
Act 2010.
25
government body means:
26
(a) a department of the Commonwealth, a State or a Territory; or
27
(b) an agency, authority or instrumentality of the
28
Commonwealth, a State or a Territory; or
29
(c) a department of the government of a foreign country; or
30
Part 1 Preliminary
Section 4
4 Do Not Knock Register Bill 2012 No. , 2012
(d) an agency, authority or instrumentality of the government of
1
a foreign country; or
2
(e) a department of the government of a part of a foreign
3
country; or
4
(f) an agency, authority or instrumentality of the government of
5
a part of a foreign country.
6
infringement notice means an infringement notice given under
7
clause 2 of Schedule 3.
8
investment means any mode of application of money or other
9
property for the purpose of gaining a return (whether by way of
10
income, capital gain or any other form of return).
11
make includes attempt to make.
12
marketing call has the meaning given by section 5.
13
mistake means reasonable mistake of fact.
14
nominee has the meaning given by section 28.
15
occupier, in relation to an address or making a marketing call to an
16
address, means the occupier of the premises at the address.
17
organisation includes:
18
(a) a body corporate; and
19
(b) a partnership; and
20
(c) a government body; and
21
(d) a court or tribunal; and
22
(e) an unincorporated body or association.
23
penalty unit has the meaning given by section 4AA of the Crimes
24
Act 1914.
25
registered political party means a political party, or a branch or
26
division of a political party, that is registered under:
27
(a)
the
Commonwealth Electoral Act 1918; or
28
(b) a law of a State or Territory that deals with electoral matters.
29
Registrar means the APS employee appointed by the Minster as
30
the Registrar for the purposes of this Act.
31
Preliminary Part 1
Section 5
Do Not Knock Register Bill 2012 No. , 2012 5
respondent, in relation to a complaint made to the Registrar, has
1
the meaning given by subclause 2(3) of Schedule 4.
2
services has the same meaning as in the Competition and
3
Consumer Act 2010.
4
supply:
5
(a) when used in relation to goods or services--has the same
6
meaning as in the Competition and Consumer Act 2010; or
7
(b) when used in relation to land--includes transfer; or
8
(c) when used in relation to an interest in land--includes transfer
9
or create.
10
5 Meaning of marketing call
11
(1)
A
marketing call is a visit covered by subsections (2) and (3).
12
(2) The visit is made:
13
(a) by, on behalf of, or for the benefit of, a corporation to which
14
paragraph 51(xx) of the Constitution applies; or
15
(b) as part of, in relation to, or in connection with, trade and
16
commerce:
17
(i) between Australia and places outside Australia; or
18
(ii) among the States; or
19
(iii) within a Territory, between a State and a Territory or
20
between 2 Territories; or
21
(c) in connection with the use of a postal, telegraphic, telephonic
22
or other like service within the meaning of paragraph 51(v)
23
of the Constitution.
24
(3) The purpose, or one of the purposes, of the visit is:
25
(a) to offer to supply goods or services; or
26
(b) to advertise or promote goods or services; or
27
(c) to advertise or promote a supplier, or prospective supplier, of
28
goods or services; or
29
(d) to offer to supply land or an interest in land; or
30
(e) to advertise or promote land or an interest in land; or
31
(f) to advertise or promote a supplier, or prospective supplier, of
32
land or an interest in land; or
33
Part 1 Preliminary
Section 6
6 Do Not Knock Register Bill 2012 No. , 2012
(g) to offer to provide a business opportunity or investment
1
opportunity; or
2
(h) to advertise or promote a business opportunity or investment
3
opportunity; or
4
(i) to advertise or promote a provider, or prospective provider,
5
of a business opportunity or investment opportunity; or
6
(j) to solicit donations; or
7
(k) a purpose prescribed by the regulations.
8
(4) For the purposes of paragraphs (3)(a) to (i), it is immaterial
9
whether:
10
(a) the goods, services, land, interest or opportunity exists; or
11
(b) it is lawful to acquire the goods, services, land or interest or
12
take up the opportunity.
13
(5) The regulations may provide that a specified kind of visit is not a
14
marketing call for the purposes of this Act.
15
6 Crown to be bound
16
(1) This Act binds the Crown in each of its capacities.
17
(2) This Act does not make the Crown liable to a pecuniary penalty or
18
to be prosecuted for an offence.
19
(3) The protection in subsection (2) does not apply to an authority of
20
the Crown.
21
7 Extension to external Territories
22
This Act extends to:
23
(a) the Territory of Christmas Island; and
24
(b) the Territory of Cocos (Keeling) Islands; and
25
(c) such other external Territories (if any) as are prescribed by
26
the regulations.
27
28
Rules about making marketing calls Part 2
Section 8
Do Not Knock Register Bill 2012 No. , 2012 7
Part 2--Rules about making marketing calls
1
2
8 Unsolicited marketing calls must not be made to an address
3
registered on the Do Not Knock Register
4
(1) A person must not make, or cause to be made, a marketing call to
5
an address if:
6
(a) the address is entered on the Do Not Knock Register; and
7
(b) the call is not a designated marketing call.
8
Note 1:
This subsection is a civil penalty provision. Part 4 provides for
9
pecuniary penalties for breaches of civil penalty provisions.
10
Note 2:
For designated marketing call, see Schedule 1.
11
(2) Subsection (1) does not apply if:
12
(a) the occupier; or
13
(b) a nominee of the occupier;
14
consented to the making of the call.
15
Note 1:
For the meaning of consent, see Schedule 2.
16
Note 2:
For the meaning of nominee, see section 28.
17
(3) Subsection (1) does not apply if:
18
(a) the address was included on a list that was submitted by the
19
person under subsection 14(1); and
20
(b) during the 30-day period ending at the end of the day on
21
which the call was made:
22
(i) the person received information under paragraph
23
14(2)(a) in response to the submission of the list, but
24
that information did not state that the address was
25
entered on the Do Not Knock Register; or
26
(ii) the person was informed under paragraph 14(2)(b), in
27
response to the submission of the list, that the address
28
was not entered on the Do Not Knock Register; or
29
(iii) under paragraph 14(2)(c), in response to the submission
30
of the list, the person was given a list that included the
31
address.
32
Note:
Section 14 deals with access to the Do Not Knock Register.
33
Part 2 Rules about making marketing calls
Section 8
8 Do Not Knock Register Bill 2012 No. , 2012
(4) Subsection (1) does not apply if the person made the call, or caused
1
the call to be made, by mistake.
2
(5) Subsection (1) does not apply if the person took reasonable
3
precautions, and exercised due diligence, to avoid the
4
contravention.
5
(6) A person who wishes to rely on subsection (2), (3), (4) or (5) bears
6
an evidential burden in relation to that matter.
7
Ancillary contraventions
8
(7) A person must not:
9
(a) aid, abet, counsel or procure a contravention of
10
subsection (1); or
11
(b) induce, whether by threats or promises or otherwise, a
12
contravention of subsection (1); or
13
(c) be in any way, directly or indirectly, knowingly concerned in,
14
or party to, a contravention of subsection (1); or
15
(d) conspire with others to effect a contravention of
16
subsection (1).
17
Note:
This subsection is a civil penalty provision. Part 4 provides for
18
pecuniary penalties for breaches of civil penalty provisions.
19
Extended meaning of cause
20
(8) For the purposes of this section, if:
21
(a) a person (the first person) enters into a contract or
22
arrangement, or arrives at an understanding, with another
23
person; and
24
(b) under the contract, arrangement or understanding, the other
25
person undertakes to make, or to cause any or all of the
26
employees or agents of the other person to make, marketing
27
calls; and
28
(c) the other person, or an employee or agent of the other person,
29
gives effect to the contract, arrangement or understanding by
30
making a marketing call;
31
the first person is taken to have caused the marketing call to be
32
made.
33
Rules about making marketing calls Part 2
Section 9
Do Not Knock Register Bill 2012 No. , 2012 9
(9) Paragraph (8)(a) applies to contracts or arrangements entered into,
1
or understandings arrived at, before, at or after the commencement
2
of this section.
3
9 Agreements for the making of marketing calls must require
4
compliance with this Act
5
(1) A person (the first person) must not enter into a contract or
6
arrangement, or arrive at an understanding, with another person, if:
7
(a) under the contract, arrangement or understanding, the other
8
person undertakes to:
9
(i) make marketing calls; or
10
(ii) cause any or all of the employees or agents of the other
11
person to make marketing calls; and
12
(b) there is a reasonable likelihood that some or all of those calls
13
will be made to addresses that, under section 12, are eligible
14
to be entered on the Do Not Knock Register; and
15
(c) the contract, arrangement or understanding does not contain
16
an express provision to the effect that the other person will
17
comply with this Act in relation to the making of marketing
18
calls covered by the contract, arrangement or understanding.
19
Note:
This subsection is a civil penalty provision. Part 4 provides for
20
pecuniary penalties for breaches of civil penalty provisions.
21
Ancillary contraventions
22
(2) A person must not:
23
(a) aid, abet, counsel or procure a contravention of
24
subsection (1); or
25
(b) induce, whether by threats or promises or otherwise, a
26
contravention of subsection (1); or
27
(c) be in any way, directly or indirectly, knowingly concerned in,
28
or party to, a contravention of subsection (1); or
29
(d) conspire with others to effect a contravention of
30
subsection (1).
31
Note:
This subsection is a civil penalty provision. Part 4 provides for
32
pecuniary penalties for breaches of civil penalty provisions.
33
Part 2 Rules about making marketing calls
Section 9
10 Do Not Knock Register Bill 2012 No. , 2012
Validity of contracts, arrangements or understandings
1
(3) A failure to comply with subsection (1) does not affect the validity
2
of any contract, arrangement or understanding.
3
4
Do Not Knock Register Part 3
Section 10
Do Not Knock Register Bill 2012 No. , 2012 11
Part 3--Do Not Knock Register
1
2
10 Do Not Knock Register
3
(1) The Registrar must keep a register of addresses for the purposes of
4
this Act.
5
(2) The register is to be known as the Do Not Knock Register.
6
(3) The register is to be kept in electronic form.
7
(4) The register is not a legislative instrument.
8
(5) The Registrar must begin to comply with subsection (1) as soon as
9
practicable after the commencement of this section.
10
(6) For the purposes of the Privacy Act 1988, the primary purpose of
11
the Do Not Knock Register is to facilitate the prohibition, under
12
section 8, of unsolicited marketing calls (other than designated
13
marketing calls).
14
11 Applications
15
(1) An occupier or nominee of an occupier may apply for an address to
16
be entered on the Do Not Knock Register.
17
Note:
For the meaning of nominee, see section 28.
18
(2) The application must be made in the manner and form (if any)
19
prescribed by the regulations.
20
12 Inclusion on Register
21
The Registrar must enter the address on the Do Not Knock
22
Register if the Registrar is satisfied that the premises at the
23
address:
24
(a) are used or maintained primarily for:
25
(i) private or domestic purposes; or
26
(ii) use by a government body; or
27
(b) are premises of a kind prescribed by the regulations.
28
Part 3 Do Not Knock Register
Section 13
12 Do Not Knock Register Bill 2012 No. , 2012
13 Period of inclusion
1
(1) The address is to remain on the Do Not Knock Register for:
2
(a) 3 years; or
3
(b) such longer period as is prescribed by the regulations.
4
(2) The address may be removed from the Do Not Knock Register,
5
before the end of that period:
6
(a) at the request of the occupier or nominee; or
7
(b) in accordance with the regulations.
8
(3) This section does not prevent an address from being re-entered on
9
the Do Not Knock Register.
10
14 Access to Register
11
(1) A person may submit a list of addresses to the Registrar. The list
12
may consist of a single address.
13
(2) If the person has paid the fee (if any) prescribed by the regulations,
14
the Registrar must check the addresses on the list against the Do
15
Not Knock Register, and do whichever of the following has been
16
requested by the person:
17
(a) inform the person of which addresses (if any) on the person's
18
list are entered on the Do Not Knock Register;
19
(b) inform the person of which addresses (if any) on the person's
20
list are not entered on the Do Not Knock Register; and
21
(c) return the list, modified by the deletion of the addresses (if
22
any) entered on the Do Not Knock Register.
23
(3) The list is to be submitted in the manner and form (if any)
24
prescribed by the regulations.
25
26
Civil penalties Part 4
Section 15
Do Not Knock Register Bill 2012 No. , 2012 13
Part 4--Civil penalties
1
2
15 Civil penalty orders
3
(1) If the Federal Court or the Federal Magistrates Court is satisfied
4
that a person has contravened a civil penalty provision, the court
5
may, on the application of the Registrar, order the person to pay to
6
the Commonwealth a pecuniary penalty.
7
(2) An order under subsection (1) is a civil penalty order.
8
Determining pecuniary penalty
9
(3) In determining the pecuniary penalty, the court must have regard to
10
all relevant matters, including:
11
(a) the nature and extent of the contravention; and
12
(b) the nature and extent of any loss or damage suffered as a
13
result of the contravention; and
14
(c) the circumstances in which the contravention took place; and
15
(d) whether the person has previously been found by a court in
16
proceedings under this Act to have engaged in any similar
17
conduct.
18
Civil enforcement of penalty
19
(4) The Commonwealth may enforce the civil penalty order as if it
20
were an order made in civil proceedings against the person to
21
recover a debt due by the person. The debt arising from the order is
22
taken to be a judgment debt.
23
16 Maximum penalties for contravention of civil penalty provisions
24
(1) The maximum penalty payable under subsection 15(1) by a person
25
in respect of a contravention of a civil penalty provision depends
26
on:
27
(a) whether the person has a prior record in relation to the civil
28
penalty provision (see subsection (2)); and
29
(b) whether the person is a body corporate; and
30
Part 4 Civil penalties
Section 16
14 Do Not Knock Register Bill 2012 No. , 2012
(c) whether the civil penalty provision is subsection 8(1) or (7),
1
or another civil penalty provision.
2
Prior record
3
(2)
If:
4
(a) on a particular day (the first day), the Federal Court or the
5
Federal Magistrates Court makes a civil penalty order against
6
a person in respect of a contravention of a particular civil
7
penalty provision; and
8
(b) that is the first occasion on which a court makes a civil
9
penalty order against the person in respect of a contravention
10
of the civil penalty provision;
11
then, for the purposes of determining the penalty payable under
12
subsection 15(1) by the person in respect of a contravention of the
13
civil penalty provision that occurs after the first day, the person has
14
a prior record in relation to the civil penalty provision.
15
Maximum penalty payable by body corporate--no prior record
16
(3) If a body corporate does not have a prior record in relation to a
17
particular civil penalty provision:
18
(a) the penalty payable under subsection 15(1) by the body
19
corporate in respect of a contravention of the civil penalty
20
provision must not exceed:
21
(i) if the civil penalty provision is subsection 8(1) or (7)--
22
100 penalty units; or
23
(ii) in any other case--50 penalty units; and
24
(b) if the Federal Court or the Federal Magistrates Court finds
25
that the body corporate has, on a particular day, committed 2
26
or more contraventions of the civil penalty provision--the
27
total of the penalties payable under subsection 15(1) by the
28
body corporate in respect of those contraventions must not
29
exceed:
30
(i) if the civil penalty provision is subsection 8(1) or (7)--
31
2,000 penalty units; or
32
(ii) in any other case--1,000 penalty units.
33
Civil penalties Part 4
Section 16
Do Not Knock Register Bill 2012 No. , 2012 15
Maximum penalty payable by a person other than a body
1
corporate--no prior record
2
(4) If a person other than a body corporate does not have a prior record
3
in relation to a particular civil penalty provision:
4
(a) the penalty payable under subsection 15(1) by the person in
5
respect of a contravention of the civil penalty provision must
6
not exceed:
7
(i) if the civil penalty provision is subsection 8(1) or (7)--
8
20 penalty units; or
9
(ii) in any other case--10 penalty units; and
10
(b) if the Federal Court or the Federal Magistrates Court finds
11
that the person has, on a particular day, committed 2 or more
12
contraventions of the civil penalty provision--the total of the
13
penalties payable under subsection 15(1) by the person in
14
respect of those contraventions must not exceed:
15
(i) if the civil penalty provision is subsection 8(1) or (7)--
16
400 penalty units; or
17
(ii) in any other case--200 penalty units.
18
Maximum penalty payable by body corporate--prior record
19
(5) If a body corporate has a prior record in relation to a particular
20
civil penalty provision:
21
(a) the penalty payable under subsection 15(1) by the body
22
corporate in respect of a contravention of the civil penalty
23
provision must not exceed:
24
(i) if the civil penalty provision is subsection 8(1) or (7)--
25
500 penalty units; or
26
(ii) in any other case--250 penalty units; and
27
(b) if the Federal Court or the Federal Magistrates Court finds
28
that the body corporate has, on a particular day, committed 2
29
or more contraventions of the civil penalty provision--the
30
total of the penalties payable under subsection 15(1) by the
31
body corporate in respect of those contraventions must not
32
exceed:
33
(i) if the civil penalty provision is subsection 8(1) or (7)--
34
10,000 penalty units; or
35
(ii) in any other case--5,000 penalty units.
36
Part 4 Civil penalties
Section 17
16 Do Not Knock Register Bill 2012 No. , 2012
Maximum penalty payable by a person other than a body
1
corporate--prior record
2
(6) If a person other than a body corporate has a prior record in
3
relation to a particular civil penalty provision:
4
(a) the penalty payable under subsection 15(1) by the person in
5
respect of a contravention of the civil penalty provision must
6
not exceed:
7
(i) if the civil penalty provision is subsection 8(1) or (7)--
8
100 penalty units; or
9
(ii) in any other case--50 penalty units; and
10
(b) if the Federal Court or the Federal Magistrates Court finds
11
that the person has, on a particular day, committed 2 or more
12
contraventions of the civil penalty provision--the total of the
13
penalties payable under subsection 15(1) by the person in
14
respect of those contraventions must not exceed:
15
(i) if the civil penalty provision is subsection 8(1) or (7)--
16
2,000 penalty units; or
17
(ii) in any other case--1,000 penalty units.
18
17 2 or more proceedings may be heard together
19
The Federal Court or the Federal Magistrates Court may direct that
20
2 or more proceedings for civil penalty orders are to be heard
21
together.
22
18 Time limit for application for an order
23
Proceedings for a civil penalty order may be started no later than 6
24
years after the contravention.
25
19 Civil evidence and procedure rules for civil penalty orders
26
The Federal Court or the Federal Magistrates Court must apply the
27
rules of evidence and procedure for civil matters when hearing
28
proceedings for a civil penalty order.
29
20 Ancillary orders--compensation
30
(1)
If:
31
Civil penalties Part 4
Section 21
Do Not Knock Register Bill 2012 No. , 2012 17
(a) in one or more proceedings under section 15, the Federal
1
Court or the Federal Magistrates Court finds that a person
2
(the perpetrator) has contravened one or more civil penalty
3
provisions; and
4
(b) the court is satisfied that another person (the victim) has
5
suffered loss or damage as a result of any or all of those
6
contraventions;
7
the court may, on the application of the Registrar or the victim,
8
make an order that the court considers appropriate directing the
9
perpetrator to compensate the victim.
10
(2) In determining whether a person (the victim) has suffered loss or
11
damage as a result of one or more contraventions by another
12
person of section 8 in relation to the making of one or more
13
marketing calls, and in assessing the amount of compensation
14
payable, the court may have regard to the following:
15
(a) the extent to which any expenses incurred by the victim are
16
attributable to dealing with the calls;
17
(b) the effect of dealing with the calls on the victim's ability to
18
carry on business or other activities;
19
(c) any damage to the reputation of the victim's business that is
20
attributable to dealing with the calls;
21
(d) any loss of business opportunities suffered by the victim as a
22
result of dealing with the calls;
23
(e) any other matters that the court considers relevant.
24
(3) The Federal Court or the Federal Magistrates Court may make an
25
order under subsection (1), whether or not it makes a civil penalty
26
order.
27
(4) An application under subsection (1) may be made at any time
28
within 6 years after the contravention concerned.
29
21 Ancillary orders--recovery of financial benefit
30
(1)
If:
31
(a) in one or more proceedings under section 15, the Federal
32
Court or the Federal Magistrates Court finds that a person has
33
contravened one or more civil penalty provisions; and
34
Part 4 Civil penalties
Section 22
18 Do Not Knock Register Bill 2012 No. , 2012
(b) the court is satisfied that the person has obtained (whether
1
directly or indirectly) a financial benefit that is reasonably
2
attributable to any or all of those contraventions;
3
the court may, on the application of the Registrar, make an order
4
directing the person to pay to the Commonwealth an amount up to
5
the amount of the financial benefit.
6
(2) The Federal Court or the Federal Magistrates Court may make an
7
order under subsection (1), whether or not it makes a civil penalty
8
order.
9
(3) An application under subsection (1) may be made at any time
10
within 6 years after the contravention concerned.
11
22 Infringement notices
12
Schedule 3 has effect.
13
14
Injunctions Part 5
Section 23
Do Not Knock Register Bill 2012 No. , 2012 19
Part 5--Injunctions
1
2
23 Injunctions
3
Restraining injunctions
4
(1) If a person has engaged, is engaging or is proposing to engage, in
5
any conduct in contravention of a civil penalty provision, the
6
Federal Court or the Federal Magistrates Court may, on the
7
application of the Registrar, grant an injunction:
8
(a) restraining the person from engaging in the conduct; and
9
(b) if, in the court's opinion, it is desirable to do so--requiring
10
the person to do something.
11
Performance injunctions
12
(2)
If:
13
(a) a person has refused or failed, or is refusing or failing, or is
14
proposing to refuse or fail, to do an act or thing; and
15
(b) the refusal or failure was, is or would be a contravention of a
16
civil penalty provision;
17
the Federal Court or the Federal Magistrates Court may, on the
18
application of the Registrar, grant an injunction requiring the
19
person to do that act or thing.
20
24 Interim injunctions
21
Grant of interim injunction
22
(1) If an application is made to the Federal Court or the Federal
23
Magistrates Court for an injunction under section 23, the court
24
may, before considering the application, grant an interim injunction
25
restraining a person from engaging in conduct of a kind referred to
26
in that section.
27
No undertakings as to damages
28
(2) The Federal Court or the Federal Magistrates Court is not to
29
require an applicant for an injunction under section 23, as a
30
Part 5 Injunctions
Section 25
20 Do Not Knock Register Bill 2012 No. , 2012
condition of granting an interim injunction, to give any
1
undertakings as to damages.
2
25 Discharge etc. of injunctions
3
The Federal Court or the Federal Magistrates Court may discharge
4
or vary an injunction granted by it under this Part.
5
26 Certain limits on granting injunctions not to apply
6
Restraining injunctions
7
(1) The power of the Federal Court or the Federal Magistrates Court
8
under this Part to grant an injunction restraining a person from
9
engaging in conduct of a particular kind may be exercised:
10
(a) if the court is satisfied that the person has engaged in conduct
11
of that kind--whether or not it appears to the court that the
12
person intends to engage again, or to continue to engage, in
13
conduct of that kind; or
14
(b) if it appears to the court that, if an injunction is not granted, it
15
is likely that the person will engage in conduct of that kind--
16
whether or not the person has previously engaged in conduct
17
of that kind and whether or not there is an imminent danger
18
of substantial damage to any person if the person engages in
19
conduct of that kind.
20
Performance injunctions
21
(2) The power of the Federal Court or the Federal Magistrates Court to
22
grant an injunction requiring a person to do an act or thing may be
23
exercised:
24
(a) if the court is satisfied that the person has refused or failed to
25
do that act or thing--whether or not it appears to the court
26
that the person intends to refuse or fail again, or to continue
27
to refuse or fail, to do that act or thing; or
28
(b) if it appears to the court that, if an injunction is not granted, it
29
is likely that the person will refuse or fail to do that act or
30
thing--whether or not the person has previously refused or
31
failed to do that act or thing and whether or not there is an
32
Injunctions Part 5
Section 27
Do Not Knock Register Bill 2012 No. , 2012 21
imminent danger of substantial damage to any person if the
1
person refuses or fails to do that act or thing.
2
27 Other powers of the Federal Court or the Federal Magistrates
3
Court unaffected
4
The powers conferred on the Federal Court or the Federal
5
Magistrates Court under this Part are in addition to, and not instead
6
of, any other powers of the court, whether conferred by this Act or
7
otherwise.
8
9
Part 6 Miscellaneous
Section 28
22 Do Not Knock Register Bill 2012 No. , 2012
Part 6--Miscellaneous
1
2
28 Nominees
3
Nomination by occupier
4
(1) For the purposes of the application of this Act to an address, if:
5
(a) the occupier has nominated an individual in relation to the
6
address; and
7
(b) the nomination has not been withdrawn;
8
the individual is a nominee of the occupier.
9
(2) A nomination, or a withdrawal of a nomination, must be in writing.
10
(3) This Act does not prevent 2 or more individuals from being
11
nominated in relation to the same address.
12
Deemed nominee
13
(4) The regulations may provide that, for the purposes of the
14
application of this Act to an address, an individual is taken to be a
15
nominee of the occupier in the circumstances prescribed by the
16
regulations.
17
Principles of agency not limited
18
(5) References in this Act to a nominee do not, by implication, limit
19
the application of the principles of agency to a matter arising under
20
this Act.
21
29 Formal warnings--breach of civil penalty provision
22
The Registrar may issue a formal warning if a person contravenes a
23
civil penalty provision.
24
30 Additional Registrar functions
25
The Registrar has the following functions:
26
(a) to conduct and/or co-ordinate community education
27
programs about unsolicited marketing calls in consultation
28
Miscellaneous Part 6
Section 31
Do Not Knock Register Bill 2012 No. , 2012 23
with relevant industry and consumer groups and government
1
agencies;
2
(b) to conduct and/or commission research into issues relating to
3
unsolicited marketing calls.
4
31 Operation of State and Territory laws
5
This Act is not intended to exclude or limit the operation of a law
6
of a State or Territory to the extent that the law is capable of
7
operating concurrently with this Act.
8
32 Implied freedom of political communication
9
This Act does not apply to the extent (if any) that it would infringe
10
any constitutional doctrine of implied freedom of political
11
communication.
12
33 Review of operation of Act
13
(1) The Minister must cause to be conducted a review of the operation
14
of this Act:
15
(a) before the end of the period of 3 years after the
16
commencement of this section; or
17
(b) as soon as practicable after the end of that 3-year period.
18
(2) The Minister must cause a report of the review to be tabled in each
19
House of the Parliament within 15 sittings days of that House after
20
the completion of the preparation of the report.
21
34 Making complaints and investigating contraventions
22
Schedule 4 has effect.
23
35 Delegation
24
The Registrar may, by writing, delegate all or any of his or her
25
functions and powers under this Act to:
26
(a) another APS employee in the Department; or
27
(b) a person prescribed by the regulations.
28
Part 6 Miscellaneous
Section 36
24 Do Not Knock Register Bill 2012 No. , 2012
36 Regulations
1
The Governor-General may make regulations prescribing matters:
2
(a) required or permitted to be prescribed by this Act; or
3
(b) necessary or convenient to be prescribed for carrying out or
4
giving effect to this Act.
5
Designated marketing calls Schedule 1
Clause 1
Do Not Knock Register Bill 2012 No. , 2012 25
Schedule 1--Designated marketing calls
1
Note: See
section
4.
2
3
4
1 Object
5
The object of this Schedule is to define the expression designated
6
marketing call.
7
Note:
Designated marketing calls are exempt from section 8 (unsolicited
8
marketing calls must not be made to an address entered on the Do Not
9
Knock Register).
10
2 Government bodies, religious organisations and charities
11
For the purposes of this Act, a marketing call is a designated
12
marketing call if:
13
(a) the making of the call is authorised by any of the following
14
bodies:
15
(i) a government body;
16
(ii) a religious organisation;
17
(iii) a charity or charitable institution; and
18
(b) if the call relates to goods or services--the body is the
19
supplier, or prospective supplier, of the goods or services;
20
and
21
(c) the call is not of a kind prescribed by the regulations.
22
3 Political parties, independent members of parliament, candidates
23
etc.
24
Political parties
25
(1) For the purposes of this Act, a marketing call is a designated
26
marketing call if:
27
(a) the making of the call is authorised by a registered political
28
party; and
29
(b) having regard to:
30
(i) the content of the call; and
31
Schedule 1 Designated marketing calls
Clause 3
26 Do Not Knock Register Bill 2012 No. , 2012
(ii) the presentational aspects of the call;
1
it would be concluded that the purpose, or one of the
2
purposes, of the call is:
3
(iii) to conduct fund-raising for electoral purposes; or
4
(iv) to conduct fund-raising for political purposes; and
5
(c) if the call relates to goods or services--the registered
6
political party is the supplier, or prospective supplier, of the
7
goods or services; and
8
(d) the call is not of a kind prescribed in the regulations.
9
Independent members of parliament etc.
10
(2) For the purposes of this Act, a marketing call is a designated
11
marketing call if:
12
(a) the making of the call is authorised by a person who is a
13
member of:
14
(i) the Parliament of the Commonwealth; or
15
(ii) the parliament of a State; or
16
(iii) the Legislative Assembly for the Australian Capital
17
Territory; or
18
(iv) the Legislative Assembly of the Northern Territory; or
19
(v) the Legislative Assembly of Norfolk Island; or
20
(vi) a local governing body established by or under a law of
21
a State or a Territory;
22
and who is not affiliated with any registered political party;
23
and
24
(b) having regard to:
25
(i) the content of the call; and
26
(ii) the presentational aspects of the call;
27
it would be concluded that the purpose, or one of the
28
purposes, of the call is:
29
(iii) to conduct fund-raising for electoral purposes; or
30
(iv) to conduct fund-raising for political purposes; and
31
(c) if the call relates to goods or services--the person is the
32
supplier, or prospective supplier, of the goods or services;
33
and
34
(d) the call is not of a kind prescribed in the regulations.
35
Designated marketing calls Schedule 1
Clause 4
Do Not Knock Register Bill 2012 No. , 2012 27
Candidates
1
(3) For the purposes of this Act, a marketing call is a designated
2
marketing call if:
3
(a) the making of the call is authorised by a person who is a
4
candidate in an election for:
5
(i) the House of Representatives; or
6
(ii) the Senate; or
7
(iii) a house of the parliament of a State; or
8
(iv) the Legislative Assembly for the Australian Capital
9
Territory; or
10
(v) the Legislative Assembly of the Northern Territory; or
11
(vi) the Legislative Assembly of Norfolk Island; or
12
(vii) a local governing body established by or under a law of
13
a State or a Territory; and
14
(b) having regard to:
15
(i) the content of the call; and
16
(ii) the presentational aspects of the call;
17
it would be concluded that the purpose, or one of the
18
purposes, of the call is:
19
(iii) to conduct fund-raising for electoral purposes; or
20
(iv) to conduct fund-raising for political purposes; and
21
(c) if the call relates to goods or services--the person is the
22
supplier, or prospective supplier, of the goods or services;
23
and
24
(d) the call is not of a kind prescribed in the regulations.
25
4 Educational institutions
26
For the purposes of this Act, a marketing call is a designated
27
marketing call if:
28
(a) the making of the call is authorised by an educational
29
institution; and
30
(b) the call is made to an address that is used or maintained
31
primarily for the private or domestic purposes of the occupier
32
and/or members of the occupier's household; and
33
(c) either or both of the following subparagraphs apply:
34
Schedule 1 Designated marketing calls
Clause 5
28 Do Not Knock Register Bill 2012 No. , 2012
(i) the occupier is, or has been, enrolled as a student in that
1
institution;
2
(ii) a member or former member of the occupier's
3
household is, or has been, enrolled as a student in that
4
institution; and
5
(d) if the call relates to goods or services--the institution is the
6
supplier, or prospective supplier, of the goods or services;
7
and
8
(e) the call is not of a kind prescribed in the regulations.
9
5 Regulations
10
The regulations may provide that a prescribed kind of marketing
11
call is a designated marketing call for the purposes of this Act.
12
6 Authorising the making of marketing calls
13
For the purposes of this Schedule, if:
14
(a) an individual authorises the making of a marketing call; and
15
(b) the individual does so on behalf of an organisation;
16
then:
17
(c) the organisation is taken to authorise the making of the call;
18
and
19
(d) the individual is taken not to authorise the making of the call.
20
21
Consent Schedule 2
Clause 1
Do Not Knock Register Bill 2012 No. , 2012 29
Schedule 2--Consent
1
Note: See
section
4.
2
3
4
1 Object
5
The object of this Schedule is to define the expression consent
6
when used in relation to the making of a marketing call.
7
Note:
The concept of consent is relevant to section 8 (unsolicited marketing
8
calls must not be made to an address entered on the Do Not Knock
9
Register).
10
2 Basic definition
11
For the purposes of this Act, consent means:
12
(a) express consent; or
13
(b) consent that can reasonably be inferred from:
14
(i) the conduct; and
15
(ii) the business and other relationships;
16
of the individual or organisation concerned.
17
3 Duration of express consent
18
For the purposes of this Act, if:
19
(a) express consent is given; and
20
(b) the consent is not expressed to be for a specified period or for
21
an indefinite period;
22
the consent is taken to have been withdrawn at the end of the
23
period of 3 months beginning on the day on which the consent was
24
given.
25
4 Consent may not be inferred from the publication of an address
26
For the purposes of the application of this Act to an address,
27
consent of:
28
(a) the occupier; or
29
(b) a nominee of the occupier;
30
Schedule 2 Consent
Clause 5
30 Do Not Knock Register Bill 2012 No. , 2012
may not be inferred from the mere fact that the address has been
1
published.
2
5 Regulations about consent
3
The regulations may provide that, for the purposes of the
4
application of this Act to an address, the consent of:
5
(a) the occupier; or
6
(b) a nominee of the occupier;
7
may or may not be inferred in the circumstances specified in the
8
regulations.
9
10
Infringement notices Schedule 3
Clause 1
Do Not Knock Register Bill 2012 No. , 2012 31
Schedule 3--Infringement notices
1
Note: See
section
22.
2
3
4
1 Object
5
The object of this Schedule is to set up a system of infringement
6
notices for contraventions of civil penalty provisions as an
7
alternative to the institution of proceedings in the Federal Court or
8
the Federal Magistrates Court.
9
2 When an infringement notice can be given
10
(1) If the Registrar has reasonable grounds to believe that a person has,
11
on a particular day, committed one or more contraventions of a
12
particular civil penalty provision, the Registrar may give to the
13
person an infringement notice relating to those contraventions.
14
(2) An infringement notice must be given within 12 months after the
15
day on which the contraventions are alleged to have taken place.
16
(3) Subclause (2) does not apply to a contravention of subsection 9(1)
17
or (2).
18
Note 1:
Section 9 deals with agreements for the making of marketing calls.
19
(4) This clause does not authorise the giving of 2 or more infringement
20
notices to a person in relation to contraventions of a particular civil
21
penalty provision that allegedly occurred on the same day.
22
3 Matters to be included in an infringement notice
23
(1) An infringement notice must:
24
(a) set out the name of the person to whom the notice is given;
25
and
26
(b) set out contact details for the Registrar (or delegate); and
27
(c) set out brief details of each of the alleged contraventions; and
28
(d) contain a statement to the effect that the matter or matters
29
will not be dealt with by the Federal Court or the Federal
30
Schedule 3 Infringement notices
Clause 4
32 Do Not Knock Register Bill 2012 No. , 2012
Magistrates Court if the penalty specified in the notice is paid
1
to the Registrar, on behalf of the Commonwealth, within:
2
(i) 28 days after the notice is given; or
3
(ii) if the Registrar allows a longer period--that longer
4
period; and
5
(e) give an explanation of how payment of the penalty is to be
6
made; and
7
(f) set out such other matters (if any) as are prescribed by the
8
regulations.
9
Note:
For the amount of penalty, see clause 4.
10
(2) For the purposes of paragraph (1)(c), the brief details must include
11
the following information in relation to each alleged contravention:
12
(a) the date of the alleged contravention;
13
(b) the civil penalty provision that was allegedly contravened.
14
4 Amount of penalty
15
Infringement notice given to a body corporate
16
(1) The penalty to be specified in an infringement notice given to a
17
body corporate must be a pecuniary penalty equal to the number of
18
penalty units worked out using the table:
19
20
Number of penalty units
Item
In this case ...
the number of penalty units is ...
1
the notice relates to a single alleged
contravention of subsection 8(1) or
(7)
20
2
the notice relates to more than 1, but
fewer than 50, alleged
contraventions of subsection 8(1) or
(7)
the number obtained by multiplying
20 by the number of alleged
contraventions
3
the notice relates to 50 or more
alleged contraventions of subsection
8(1) or (7)
1,000
Infringement notices Schedule 3
Clause 4
Do Not Knock Register Bill 2012 No. , 2012 33
Number of penalty units
Item
In this case ...
the number of penalty units is ...
4
the notice relates to a single alleged
contravention of a civil penalty
provision other than subsection 8(1)
or (7)
10
5
the notice relates to more than 1, but
fewer than 50, alleged
contraventions of a civil penalty
provision other than subsection 8(1)
or (7)
the number obtained by multiplying
10 by the number of alleged
contraventions
6
the notice relates to 50 or more
alleged contraventions of a civil
penalty provision other than
subsection 8(1) or (7)
500
Infringement notice given to a person other than a body corporate
1
(2) The penalty to be specified in an infringement notice given to a
2
person other than a body corporate must be a pecuniary penalty
3
equal to the number of penalty units worked out using the table:
4
5
Number of penalty units
Item
In this case ...
the number of penalty units is ...
1
the notice relates to a single alleged
contravention of subsection 8(1) or
(7)
4
2
the notice relates to more than 1, but
fewer than 50, alleged
contraventions of subsection 8(1) or
(7)
the number obtained by multiplying
4 by the number of alleged
contraventions
3
the notice relates to 50 or more
alleged contraventions of subsection
8(1) or (7)
200
4
the notice relates to a single alleged
contravention of a civil penalty
provision other than subsection 8(1)
or (7)
2
Schedule 3 Infringement notices
Clause 5
34 Do Not Knock Register Bill 2012 No. , 2012
Number of penalty units
Item
In this case ...
the number of penalty units is ...
5
the notice relates to more than 1, but
fewer than 50, alleged
contraventions of a civil penalty
provision other than subsection 8(1)
or (7)
the number obtained by multiplying
2 by the number of alleged
contraventions
6
the notice relates to 50 or more
alleged contraventions of a civil
penalty provision other than
subsection 8(1) or (7)
100
5 Withdrawal of an infringement notice
1
(1) This clause applies if an infringement notice is given to a person.
2
(2) The Registrar may, by written notice (the withdrawal notice) given
3
to the person, withdraw the infringement notice.
4
(3) To be effective, the withdrawal notice must be given to the person
5
within 28 days after the infringement notice was given.
6
Refund of penalty if infringement notice withdrawn
7
(4)
If:
8
(a) the penalty specified in the infringement notice is paid; and
9
(b) the infringement notice is withdrawn after the penalty is paid;
10
the Commonwealth is liable to refund the penalty.
11
6 What happens if the penalty is paid
12
(1) This clause applies if:
13
(a) an infringement notice relating to one or more alleged
14
contraventions is given to a person; and
15
(b) the penalty is paid in accordance with the infringement
16
notice; and
17
(c) the infringement notice is not withdrawn.
18
Infringement notices Schedule 3
Clause 7
Do Not Knock Register Bill 2012 No. , 2012 35
(2) Any liability of the person for the alleged contraventions is
1
discharged.
2
(3) Proceedings under Part 4 may not be brought against the person for
3
the alleged contraventions.
4
7 Effect of this Schedule on civil proceedings
5
This Schedule does not:
6
(a) require an infringement notice to be given in relation to an
7
alleged contravention; or
8
(b) affect the liability of a person to have proceedings under
9
Part 4 brought against the person for an alleged contravention
10
if:
11
(i) the person does not comply with an infringement notice
12
relating to the contravention; or
13
(ii) an infringement notice relating to the contravention is
14
not given to the person; or
15
(iii) an infringement notice relating to the contravention is
16
given to the person and subsequently withdrawn; or
17
(c) limit the Federal Court's or the Federal Magistrates Court's
18
discretion to determine the amount of a penalty to be
19
imposed on a person who is found in proceedings under
20
Part 4 to have contravened a civil penalty provision.
21
8 Regulations
22
The regulations may make further provision in relation to
23
infringement notices.
24
25
Schedule 4 Making complaints and investigating contraventions
Clause 1
36 Do Not Knock Register Bill 2012 No. , 2012
Schedule 4--Making complaints and
1
investigating contraventions
2
Note: See
section
34.
3
4
5
1 Object
6
The object of this Schedule is to provide a complaints process and
7
investigation powers for use in relation to contraventions of this
8
Act.
9
2 Complaints to the Registrar
10
(1) A person may complain to the Registrar about a contravention of
11
this Act.
12
(2) The complaint must be in writing.
13
(3) The complaint must specify, as the respondent in respect of the
14
complaint, the person against whom the complaint is made.
15
(4) The Registrar must take reasonable steps to provide appropriate
16
assistance to the person making the complaint if it appears to the
17
Registrar that the person making the compliant requires assistance
18
to formulate the complaint or to reduce it to writing.
19
(5) Before beginning to investigate the complaint, the Registrar must
20
inform the respondent that the complaint is to be investigated.
21
3 Obtaining information and documents
22
(1) This section applies if the Registrar has reason to believe that a
23
person has information or a document that is relevant to the
24
investigation of a contravention of this Act.
25
(2) The Registrar may, by written notice given to the person, require
26
the person to give the Registrar the information or document (or a
27
copy of the document).
28
Making complaints and investigating contraventions Schedule 4
Clause 4
Do Not Knock Register Bill 2012 No. , 2012 37
(3) The person must comply with the requirement within the period
1
and in the way specified in the notice.
2
(4) The notice must set out the effect of subclause (5).
3
(5) The person commits an offence if:
4
(a) the Registrar has given the person a notice under
5
subclause (2); and
6
(b) the person engages in conduct; and
7
(c) the person's conduct contravenes a requirement in the notice.
8
Penalty: 20 penalty units.
9
(5) In this clause:
10
engage in conduct means:
11
(a) do an act; or
12
(b) omit to perform an act.
13
4 Use of documents
14
(1) The Registrar may inspect a document or copy produced by the
15
person.
16
(2) If the document is not a copy:
17
(a) the Registrar may:
18
(i) take, and retain the document for as long as is
19
necessary; and
20
(ii) make and retain copies of, or take and retain extracts
21
from, the document; and
22
(b) the person otherwise entitled to possession of the document is
23
entitled to be supplied, as soon as practicable, with a copy
24
certified by the Registrar to be a true copy; and
25
(c) the certified copy must be received in all courts and tribunals
26
as evidence as if it were the original.
27
(3) Until a certified copy is supplied, the Registrar must, at such times
28
and places as the Registrar thinks appropriate, permit the person
29
otherwise entitled to possession of the document, or a person
30
Schedule 4 Making complaints and investigating contraventions
Clause 5
38 Do Not Knock Register Bill 2012 No. , 2012
authorised by that person, to inspect and make copies of, or take
1
extracts from, the document.
2
(4) If the document is a copy, the Registrar may retain possession of
3
the copy.
4
5 Reasonable compensation for copying documents
5
The person is entitled to be paid reasonable compensation by the
6
Registrar for making copies required by the Registrar.
7
6 Self-incrimination
8
(1) An individual is not excused from giving information or evidence
9
or producing a document or a copy of a document under clause 3
10
on the ground that the information or evidence or the production of
11
the document or copy might tend to incriminate the individual or
12
expose the individual to a penalty.
13
(2)
However:
14
(a) giving the information or evidence or producing the
15
document or copy; or
16
(b) any information, document or thing obtained as a direct or
17
indirect consequence of giving the information or evidence or
18
producing the document or copy;
19
is not admissible in evidence against the individual in criminal
20
proceedings other than proceedings under, or relating to, this Act.
21
7 Decision not to investigate complaint--persons to be informed
22
(1) If the Registrar decides not to investigate, or further investigate, a
23
complaint, the Registrar must, as soon as practicable and in such
24
manner as the Registrar thinks fit, inform the complainant and the
25
respondent of the decision and of the reasons for the decision.
26
(2) After completing an investigation, the Registrar must, as soon as
27
practicable and in such manner as the Registrar thinks fit, inform
28
the complainant and the respondent of the outcome of the
29
investigation.
30
Making complaints and investigating contraventions Schedule 4
Clause 8
Do Not Knock Register Bill 2012 No. , 2012 39
8 Protection from civil actions
1
Civil proceedings do not lie against a person in respect of loss,
2
damage or injury of any kind suffered by another person because
3
of any of the following acts done in good faith:
4
(a) the making of a complaint to the Registrar;
5
(b) the giving of information or a document to the Registrar in
6
connection with the investigation of a contravention of this
7
Act.
8
Do Not Knock Register Bill 2012 No. , 2012 1
1