The Do Not Call Register is a database where telephone account holders can list their Australian fixed line and mobile telephone numbers, to opt out of receiving certain telemarketing calls.
Generally, it will be against the law to make unsolicited telemarketing calls to a number listed on the Do Not Call Register from 31 May 2007. This is subject to some limited exemptions.
Only numbers used primarily for private or domestic purposes are eligible for registration, not those used primarily for business purposes.
Telemarketing is the act of contacting consumers via telephone to offer, sell, advertise or promote goods or services.
Telemarketing calls may include:
Calls that are not considered telemarketing calls are:
No. Market research calls are not considered telemarketing calls. These calls are still permitted under the Do Not Call Register Act. They are, however, bound by the industry standard for telemarketing and research calls.
The following calls are exempt from the register:
Market and social researchers are permitted to call numbers on the Do Not Call Register to conduct opinion polling and standard questionnaire based research calls. If such calls include a commercial-type purpose, even if it is not the primary or sole purpose of the call, it will fall within the definition of a "telemarketing call".
In order to be included on the register, a telephone number must be used or maintained primarily for private or domestic purposes. This approach was taken because many small businesses advertise their telephone numbers for the purpose of attracting additional businesses, and businesses commonly contact other businesses for a myriad of purposes during the course of their day to day operations.
Whether a number is used primarily for private or domestic purposes is something that can only be answered on a case-by-case basis, and depends on the way in which the number is used.
In general, if a number is used mainly for personal calls (e.g. from friends or family), then it may be that the number is used primarily for private or domestic purposes.
Some factors which may indicate the number is used primarily for business purposes, as opposed to domestic purposes, are:
If a number is used in part for business purposes, but its primary purpose remains private or domestic, it will still be eligible to be listed on the register. Individuals will be required to affirm that their numbers are used primarily for private or domestic purposes before their numbers can be listed.
Both the person making the call (the telemarketer) and the business requiring the call to be made must comply with the Act. The legislation places a positive obligation on anyone entering into a telemarketing contract or arrangement with a third party, to undertake telemarketing on their behalf, to include express provisions requiring compliance with the Act.
There are potential penalties for not including provisions to comply with the Do Not Call Act in contracts, understandings and agreements made after 31 May.
Yes. The legislation applies irrespective of where the call originates. For example, telemarketers operating out of South Africa must comply with Australia's Do Not Call Register in the same way as telemarketers operating out of Melbourne. In practice, however, if an overseas telemarketer is found in breach of the legislation, ACMA will pursue the Australian company linked to that telemarketer.
Back to topIndividuals, or their nominees, can register their home and mobile phone numbers online at www.donotcall.gov.au, by phone by calling 1300 792 958 or by mail. Registration forms are also available at state consumer affairs offices and local MPs' offices.
In all application forms, consumers are advised that their registration may take up to 30 days to become effective.
Registration is valid for three years, after which time consumers need to re-register their numbers. Individuals can remove their registrations at any time.
The relevant account holder of the telephone number can apply to list their number on the register. The relevant account holder is the person responsible for the telephone account. The account holder can also nominate someone else in writing to apply to list their number on the register.
A telephone number will only be eligible for registration if it is an Australian telephone number that is used primarily for private and domestic purposes and not used exclusively for transmitting or receiving facsimiles. This includes fixed (or landline) numbers, mobile phone numbers and Voice Over Internet Protocol (VOIP) numbers.
Telemarketers are able to make a telemarketing call to a number on the Do Not Call Register if they have consent from the person called. Consent can be either express or inferred.
Express consent is when a person has specifically requested to receive telemarketing calls and has directly provided their number (either verbally or in writing) to the telemarketer for that purpose.
Consent will only be inferred where it is reasonable to do so. Consent may be inferred from the conduct and the business and other relationship between the recipient of the call and the person making the telemarketing call. Consent can be withdrawn at any time by the recipient of the call.
Where a telemarketer seeks to rely on the consent of a person to receive a telemarketing call, the onus is on the telemarketer to prove that the consent existed. It is therefore important to keep adequate and appropriate records.
Further information is available in the industry information sheet about consent.
Back to topComplaints about alleged breaches of the Do Not Call Register and industry standard can be made to the register operator by telephone, post or via the Do Not Call website, after the register and standard commence on 31 May 2007. If the register operator is unable to resolve the complaint it will be referred to ACMA for further investigation.
The legislation provides a range of enforcement options to the Australian Communications and Media Authority to deal with minor to very serious breaches. Penalty options include issuing formal warnings and infringement notices, seeking enforceable undertakings and taking civil court action.
Yes. If the Federal Court or Federal Magistrates Court finds that one or more civil penalty provisions under the Act has been breached, a person who has suffered loss or damage as a result of those contraventions may apply to the Court for an order to be compensated by the perpetrator of the contraventions. The application to the court can be made by that person or can be made on behalf of that person by ACMA.
A telemarketer who makes a call to a number on the register, or causes a call to be made, will not be liable for any penalty if they can satisfy ACMA that the call was made by mistake.
If this occurs, the telemarketing company should terminate the call immediately. If the telemarketer has washed its list against the register during the 30 days prior to the call, and the register did not state that the number called was on the list, then the telemarketer will not be in breach of the legislation.
ACMA recognises that industry needs time to adjust systems to ensure compliance with the new legislation. ACMA's approach, in the period after commencement of the register and the standard, will be aimed at ensuring industry is fully aware of the new obligations and answering questions about compliance.
If a regulatory breach occurs ACMA will, within the limits of the legislation, take regulatory action commensurate with the seriousness of the breach. ACMA's general approach to compliance will be to negotiate and resolve the matter with the complainant and the contravener, without resorting to formal procedures. However, if informal resolution is unsuccessful or inappropriate ACMA will take appropriate enforcement action.
Back to topThe industry standard for telemarketing and research calls applies to all telemarketers and exempt organisations. It applies regardless of whether a call is being made to a number on the Do Not Call Register or to a number that is not on the Do Not Call Register.
Businesses that make telemarketing or research calls to the public, need to be aware of the details of the Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard 2007, and the Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard Variation 2007 (No.1).
The national standard encourages best practice in telemarketing, as well as potentially reducing compliance and administrative costs for industry and regulators following the introduction of uniform national laws.
Generally, the standard applies to:
A national industry standard for telemarketing and research calls applies to calling hours and days. From 31 May 2007:
A full explanation of the washing process is available on this website.
Individuals or businesses that engage in telemarketing on an ad hoc basis and want to wash only a small amount of contact data (up to 500 telephone numbers per annum) may take out a subscription type A and not have to pay a fee.
There are certain limitations attached to subscription type A. You may only hold one subscription type A at a time. If you want to take out any other subscription type/s you will have to cancel your subscription type A. If you do not cancel your subscription type A when you apply for another subscription type, it will be cancelled on your behalf.
Further information is available on the subscriptions page.
When a file has been washed, and a user exports the results into Excel the first zero is cut off. The following process ensures the leading zeroes are included:
While turnaround times for list washing are generally less than one minute, businesses wanting to wash less than ten numbers can do so quickly by using the Quick Check facility.
More information about the Do Not Call Register is available by calling the register operator on 1300 785 749, on the ACMA website and in Making the right call - a newsletter for industry, available from the ACMA website. To receive an electronic copy of Making the right call please email donotcalltaskforce@acma.gov.au.
The information in this document is intended to provide general guidance about the Do Not Call Register only and should not be relied on as legal advice, or as a substitute for legal advice in individual cases.