[1] Australian Direct Marketing Association, Briefing Paper for the AUSTEL Privacy Advisory Committee, October 1994.

[2] Letter dated 15 September 1994 from the Minister to AUSTEL.

[3] The members of the AUSTEL Privacy Advisory Committee include representatives of AUSTEL, the Australian Direct Marketing Association, the Attorney-General's Department, the Australian Telecommunications Users Group, the Communications Law Centre, the Department of Communications and the Arts, Optus Communications, the Office of the Privacy Commissioner, the Small Enterprise Telecommunications Centre, Telstra Corporation, the Telecommunications Industry Ombudsman and Vodafone.

[4] In response to concerns expressed by consumers to the various State and Territory consumer affairs agencies and the Trade Practices Commission the Ministerial Council on Consumer Affairs decided in July 1994 to direct its officials known as the Standing Committee of Officials of Consumer Affairs to identify the emerging issues in direct marketing including telemarketing, consult broadly with industry, charities, regulatory bodies and the consumer movement and suggest appropriate options such as self-regulation, education and compliance to promote fair trading and consumer protection in this area.

[5] Section 53(1) of the Telecommunications Act 1991 (Cth) provides that AUSTEL may establish advisory committees to assist it in performing its functions.

[6] AUSTEL Privacy Advisory Committee, The Protection of Customer Personal Information - Silent Line Customers, June 1995.

[7] AUSTEL Privacy Advisory Committee, The Protection of Customer Personal Information - Silent Line Customers, June 1995, p 15.

[8] Letter dated 15 September 1994 from the Minister for Communications and the Arts to AUSTEL.

[9] Section 5 of the Telecommunications Act 1991 (Cth) provides that "customer equipment" means "equipment that is, or is intended to be, connected to a telecommunications network operated by a carrier, other than equipment that is used, or intended for use, within the boundaries of such a network".

[10] Section 17 of the Telecommunications Act 1991 (Cth) provides that equipment is connected to a telecommunications network if the equipment is being used to supply, or is installed or connected for the use to supply, telecommunications services by means of the network, whether or not the equipment is comprised in, or is in physical contact with any part of, the network.

[11] Section 5 of the Telecommunications Act 1991 (Cth) provides that "telecommunications network" means "a system, or series of systems, for carrying communications by means of guided or unguided electromagnetic energy or both".

[12] The Australian Direct Marketing Association commissioned Quadrant to conduct a survey into the incidence of and attitudes to telemarketing in 1992. The main findings of the survey were:

[13] G Trifiletti, "Telemarketing: A Consumer Perspective", October 1994, p 4.

[14] Telephone Consumer Protection Act 1991 (US), s 227(a)(1).

[15] AUSTEL, Telecommunications Privacy Report, December 1992, pp 135-139.

[16] C Kertz and L Burnette, "Telemarketing Tug-of-War: Balancing Telephone Information Technology and the First Amendment with Consumer Protection and Privacy" (1992) 43 Syracuse Law Review 1029, pp 1055-1056.

[17] D Brewster, "Internet users to double in year, outstripping pay TV 5 to 1", The Australian, 8 July 1995.

[18] S Beer, "CD directories a marketer's dream", The Australian, 18 July 1995.

[19] ADMA's Standards of Practice When Telemarketing are contained in Attachment A.

[20] ATA, Australian Telemarketing Association Overview, April 1995.

[21] ATA, Australian Telemarketing Association Overview, April 1995.

[22] AUSTEL, Background Paper for the AUSTEL Privacy Advisory Committee Telemarketing Working Group - Complaints Concerning Telemarketing, 24 March 1995.

[23] Telephone conversation with Ms Catherine Seal of the Department of Communications and the Arts.

[24] Memorandum dated 6 April 1995 provided to the PAC by the TIO.

[25] Telephone conversation with Ms Sue Colman of the Office of the Privacy Commissioner.

[26] ADMA, ADMA Complaint Handling Process, April 1995.

[27] ATA, Australian Telemarketing Association Overview, April 1995.

[28] AUSTEL, Background Paper for the AUSTEL Privacy Advisory Committee Telemarketing Working Group - Complaints Concerning Telemarketing, 24 March 1995.

[29] AUSTEL, Telecommunications Privacy Report, December 1992, p 16.

[30] Standing Committee of Officials of Consumer Affairs, Working Group on Direct Marketing Discussion Paper, March 1995, p 27.

[31] AUSTEL, Telecommunications Privacy Report, December 1992, p 16.

[32] AUSTEL, Telecommunications Privacy Report, December 1992, p 110. For a consideration of the privacy issues relating to the sale of mailing lists please refer to the Ministerial Council of Consumer Affairs, Report of the Working Party on the Sale of Mailing Lists, July 1994.

[33] AUSTEL, Telecommunications Privacy Report, December 1992, pp 108-109.

[34] AUSTEL, Background Paper for the AUSTEL Privacy Advisory Committee Telemarketing Working Group - Complaints Concerning Telemarketing, 24 March 1995.

[35] F Nowlan, Telemarketing - The AUSTEL Perspective, 20 September 1994.

[36] F Nowlan, Telemarketing - The AUSTEL Perspective, 20 September 1994.

[37] Telecommunications Act 1991 (Cth), s 36.

[38] Telecommunications Act 1991 (Cth), ss 88(1) and 88(2).

[39] Telecommunications Act 1991 (Cth), s 88(5).

[40] Telecommunications Act 1991 (Cth), s 88(1).

[41] Telecommunications Act 1991 (Cth), ss 88(3) and 88(4).

[42] An "eligible service" is defined in section 18 of the Telecommunications Act 1991 (Cth).

[43] Telecommunications Act 1991 (Cth), s 209(1).

[44] Telecommunications Act 1991 (Cth), ss 203(1) and 209(2).

[45] Telecommunications Act 1991 (Cth), s 246.

[46] AUSTEL, Telecommunications Privacy Report, December 1992, p 130.

[47] Telecommunications Act 1991 (Cth), s 258.

[48] AUSTEL, Telecommunications Privacy Report, December 1992, p 130.

[49] An "agency" is defined in section 6(1) of the Privacy Act 1988 (Cth).

[50] Privacy Act 1988 (Cth), ss 14-16.

[51] Privacy Act 1988 (Cth), ss 17-18.

[52] Privacy Act 1988 (Cth), ss 18A-18V.

[53] Section 2(1) of the Privacy Act 1993 (NZ) provides that an "agency" means "any person or body of persons, whether corporate or unincorporate, and whether in the public sector or the private sector".

[54] Privacy Act 1993 (NZ), ss 46-53. At present there are two codes of practice in force under the NZ Privacy Act, namely, the Government Computing Services ("GCS") Information Privacy Code 1994 and the Health Information Privacy Code 1994.

[55] H Raiche, "Clearer vision needed for privacy on the infobahn", Privacy Law & Policy Reporter, March 1995, p 37.

[56] Trade Practices Act 1974 (Cth), s 51AB.

[57] Trade Practices Act 1974 (Cth), s 52.

[58] Trade Practices Act 1974 (Cth), s 4(1).

[59] Trade Practices Act 1974 (Cth), Part V.

[60] eg Fair Trading Act 1985 (Vic).

[61] eg Fair Trading Act 1985 (Vic), s 11A.

[62] eg Fair Trading Act 1985 (Vic), s 11.

[63] eg Fair Trading Act 1985 (Vic), Part 2.

[64] ADMA's Standards of Practice When Telemarketing are contained in Attachment A.

[65] G Trifiletti, "Telemarketing: A Consumer Perspective", October 1994, p 17.

[66] ADMA, ADMA's Preference Scheme for Consumers, April 1995.

[67] ADMA, ADMA's Preference Scheme for Consumers, April 1995.

[68] ADMA, ADMA's Preference Scheme for Consumers, April 1995.

[69] The Australian Privacy Charter is contained in Attachment B.

[70] T Dixon, "Privacy Charter sets new benchmark in privacy protection", Privacy Law and Policy Reporter, April 1995, p 41.

[71] The Australian Privacy Charter is contained in Attachment B.

[72] House of Representatives Standing Committee on Legal and Constitutional Affairs, In Confidence - A report on the inquiry into the protection of confidential personal and commercial information held by the Commonwealth, June 1995, pp 171-172.

[73] Australian Law Reform Commission, Freedom of Information Discussion Paper, May 1995, pp 124-125.

[74] AUSTEL, Telecommunications Privacy Report, December 1992, pp 120-124.

[75] AUSTEL, Telecommunications Privacy Report, December 1992, p 122.

[76] AUSTEL, Telecommunications Privacy Report, December 1992, p 122.

[77] AUSTEL, Telecommunications Privacy Report, December 1992, pp 121, 124-126.

[78] Privacy Rights Clearinghouse, "How to Put an End to Unwanted or Harassing Phone Calls", 1994, p 3.

[79] Privacy Rights Clearinghouse, "How to Put an End to Unwanted or Harassing Phone Calls", 1994, p 2.

[80] Privacy Rights Clearinghouse, "How to Put an End to Unwanted or Harassing Phone Calls", 1994, p 2.

[81] Broadband Services Expert Group, Networking Australia's Future, December 1994, pp 65-67.

[82] Standing Committee of Officials of Consumer Affairs, Working Group on Direct Marketing Discussion Paper, March 1995, p 37.

[83] Australian Law Reform Commission, Freedom of Information Discussion Paper, May 1995, pp 124-125.

[84] Copyright Convergence Group, Highways to Change - Copyright in the New Communications Environment, August 1994, p 6.

[85] Copyright Convergence Group, Highways to Change - Copyright in the New Communications Environment, August 1994, p 6.

[86] Standing Committee of Officials of Consumer Affairs, Working Group on Direct Marketing Discussion Paper, March 1995, p 37.