Commonwealth Numbered Regulations Commonwealth Numbered RegulationsMaking contact
(1) An authorised research entity may contact a person, using authorised unlisted mobile number information, only by calling the person.
Example: The authorised research entity must not contact the person by text message.
(2) If an authorised research entity uses authorised unlisted mobile number information to call a person (the contacted person ) for the purposes of authorised research under the authorisation, the entity must, during the call:
(a) tell the person:
(i) the entity's name; and
(ii) the purpose of the research; and
(iii) how the entity obtained the mobile number used to call the person; and
(iv) how the entity proposes to use research information relating to the person; and
(v) that the use of the number by the entity is authorised by the ACMA for the purposes of the research; and
(vi) if asked by the person--how the person can access any personal information about the person held by the entity; and
(b) ask the person whether the person gives consent for the use and disclosure of the research information relating to the person in the research; and
(c) tell the person that the person may withdraw any consent so given at any time during the call; and
(d) give the person any other information that is required by law (for example, under the Privacy Act 1988 ); and
(e) comply with all applicable laws relating to unsolicited contact with another person.
Note: For the purposes of paragraph (e), applicable laws relating to unsolicited contact with another person include the following:
(a) the Do Not Call Register Act 2006 ;
(b) the Privacy Act 1988 ;
(c) the Spam Act 2003 .
Contacted person does not consent to use and disclosure of research information
(3) If the contacted person informs the authorised research entity during the call that the person does not consent, or withdraws consent, to the use and disclosure of research information relating to the person, the entity:
(a) must not make a record of, use, or disclose any research information the entity has relating to the person; and
(b) must not use the authorised unlisted mobile number information relating to the person; and
(c) as soon as reasonably practicable:
(i) must take all reasonable steps to destroy any research information the entity has relating to the person within 10 business days after the person informs the entity that the person does not consent, or has withdrawn consent; and
(ii) must give written notice to any other authorised research entity covered by the same authorisation that authorised unlisted mobile number information relating to the contacted person must not be used.
(4) If an authorised research entity is notified that authorised unlisted mobile number information in relation to the contacted person must not be used, the entity must not use the authorised unlisted mobile number information.
Internal dispute procedures
(5) The entity must have internal dispute resolution procedures enabling it to deal with inquiries or complaints from a contacted person about its use or disclosure of any research information relating to the person.
(6) If a contacted person makes a complaint to the entity about the use or disclosure of any research information relating to the person, the entity must:
(a) inform the contacted person that if the person is dissatisfied with the way in which the complaint is handled, the person may make a complaint to the ACMA; and
(b) give the contacted person information about how to contact the ACMA; and
(c) provide reasonable assistance to the ACMA in relation to any such complaint if requested by the ACMA to do so.