Posted by: Chasy | 06/12/2011

Whingers and the law

I’ve seen people whinging previously that they got called by a telemarketer or sent a promotional SMS. Their gripe was that it shouldn’t happen if they are on the Do Not Call Register. I would like to point out what the Do Not Call Register Act 2006 actually states in regards to making telemarketing calls:

11 Unsolicited telemarketing calls must not be made to a number registered on the Do Not Call Register

(1) A person must not make, or cause to be made, a telemarketing call to an Australian number if:

(a) the number is registered on the Do Not Call Register; and
(b) the call is not a designated telemarketing call.

Note: For “designated telemarketing call”, see Schedule 1.

(2) Subsection (1) does not apply if:

(a) the relevant telephone account holder; or
(b) a nominee of the relevant telephone account holder;

consented to the making of the call.

Note 1: For the meaning of consent, see Schedule 2.
Note 2: For the meaning of nominee, see section 39.

See that bit I highlighted there? If you consent to the call, then your listing on the Do Not Call Register becomes invalid for the purposes of that call.

Most people either get caught out by not realising that ticking the box saying, “Yes, I’d like to receive further promotional contact” actually means these types of calls. This is how the company gets around the Do Not Call Register Act 2006. Or, they mistakenly believe that even though they’ve consented to this kind of contact, the act will save them from actually getting a call. Not so.

Speaking of whingers and the law, this is Whinging of the Highest Order:

What a spiteful, disgusting, little man he is. I honestly don’t know how, despite making a big song and dance of the fact that he has made ‘no comment’ due to the ‘Racial Discrimination Act’, that he has actually made no comment. He is quite obviously referring to his erroneous stance that a light-skinned Indigenous person is not a ‘true’ Indigenous person and continually posting this sort of thing not only pushes that point, but further encourages his readers to discriminate against the people depicted. That inference quite obviously causes offence.

I honestly don’t understand how such posts could not contravene Section 18C of the Racial Discrimination Act:

Offensive behaviour because of race, colour or national or ethnic origin

(1) It is unlawful for a person to do an act, otherwise than in private, if:

(a) the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and

(b) the act is done because of the race, colour or national or ethnic origin of the other person or of some or all of the people in the group.

Note: Subsection (1) makes certain acts unlawful. Section 46P of the Australian Human Rights Commission Act 1986 allows people to make complaints to the Australian Human Rights Commission about unlawful acts. However, an unlawful act is not necessarily a criminal offence. Section 26 says that this Act does not make it an offence to do an act that is unlawful because of this Part, unless Part IV expressly says that the act is an offence.

(2) For the purposes of subsection (1), an act is taken not to be done in private if it:
(a) causes words, sounds, images or writing to be communicated to the public; or
(b) is done in a public place; or
(c) is done in the sight or hearing of people who are in a public place.

(3) In this section:
“public place” includes any place to which the public have access as of right or by invitation, whether express or implied and whether or not a charge is made for admission to the place.

And he can’t very well play the ‘in good faith’ card, as he is making it obvious he is well aware of the law and how making comment would contravene it.

And how HWT can possibly stand by this man and his vilification is beyond me.

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Responses

  1. I love the tag “Stupid Cunts”. Best tag ever.

    • It’s my personal favourite.


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