11th Sep 2017, 12:06 PM – Senate Electoral and Other Legislation Amendment Bill 2017 - in Committee - Robocall amendments

The majority voted against amendments moved by South Australian Senator Nick Xenophon, which means they failed.

What did these amendments do?

Senator Xenophon explained that:

These are what would colloquially be known as the 'robocall amendments'. These amendments relate to bulk voice calls. What these amendments essentially do is the following. If a notifying entity communicates or approves the communication of an electoral matter to a person by bulk voice call—that is, a robocall—the notifying entity must ensure, essentially, that upfront you are told who is the body responsible for it, whether it is the Liberal Party, the Labor Party or a union. It is all about ensuring that upfront you know who is authorising the call. Secondly, the important safeguard is that you are then given an option to specifically opt in if you want to take that call. This amendment is technology-neutral in relation to that, but you can decide—it could be a voice command for yes or no, or 'Press 1 to hear the rest of the call.'

Amendment text

(1) Schedule 1, page 11 (after line 7), after subclause 321D(5), insert:

Bulk voice calls

(5A) If a notifying entity communicates, or approves the communication of, electoral matter to a person by bulk voice call, the notifying entity must ensure that:

(i) the particulars required to be given in respect of that communication by subsection (5), or any other particulars determined under subsection (7) for the purposes of subsection (5), are given at the beginning of the call; and

(ii) immediately after those particulars are given, a statement is given that the call is an automated political call and the call will not proceed unless the recipient of the call takes the necessary steps to allow the call to proceed.

Note: This provision is a civil penalty provision which is enforceable under the Regulatory Powers Act (see section 384A of this Act).

Civil penalty: 120 penalty units.

(5B) A notifying entity contravenes this subsection if:

(a) the notifying entity communicates, or approves the communication of, electoral matter to a person by bulk voice call; and

(b) the notifying entity has not ensured that a facility is available to the recipient of the call to enable the recipient to take steps to:

(i) allow the call to proceed; or

(ii) terminate the call.

Note: This provision is a civil penalty provision which is enforceable under the Regulatory Powers Act (see section 384A of this Act).

Civil penalty: 120 penalty units.

(2) Schedule 1, item 10, page 12 (line 3), after "(5)", insert ", (5A) or (5B)".

(3) Schedule 1, item 10, page 12 (line 19), after "(5)", insert ", (5A) or (5B)".

(4) Schedule 1, item 30, page 27 (after line 7), after subclause 110C(5), insert:

Bulk voice calls

(5A) If a notifying entity communicates, or approves the communication of, referendum matter to a person by bulk voice call, the notifying entity must ensure that:

(i) the particulars required to be given in respect of that communication by subsection (5), or any other particulars determined under subsection 321D(7) of the Commonwealth Electoral Act 1918 for the purposes of subsection (5), are given at the beginning of the call; and

(ii) immediately after those particulars are given, a statement is given that the call is an automated political call and the call will not proceed unless the recipient of the call takes the necessary steps to allow the call to proceed.

Note: This provision is a civil penalty provision which is enforceable under the Regulatory Powers Act (see section 140AAA of this Act).

Civil penalty: 120 penalty units.

(5B) A notifying entity contravenes this subsection if:

(a) the notifying entity communicates, or approves the communication of, referendum matter to a person by bulk voice call; and

(b) the notifying entity has not ensured that a facility is available to the recipient of the call to enable the recipient to take steps to:

(i) allow the call to proceed; or

(ii) terminate the call.

Note: This provision is a civil penalty provision which is enforceable under the Regulatory Powers Act (see section 140AAA of this Act).

Civil penalty: 120 penalty units.