The Do Not Call Register

The Australian Communications and Media Authority (ACMA) is responsible for overseeing the operation of the Do Not Call Register (established by the Do Not Call Register Act), as well as national standards for minimum levels of conduct by telemarketers.

The following points are relevant for business owners:

• ACMA is required to keep the Do Not Call Register for the primary purpose of prohibiting unsolicited telemarketing calls.
• Individuals can register their home, mobile and fax numbers to opt out of unsolicited telemarketing calls. A phone number is eligible to be entered on the register if it’s used primarily for private or domestic use.
• Registration is free. Once registered, a number will stay on the register indefinitely unless the owner of the number removes it.
• It is illegal, in the absence of consent, for any telemarketer in Australia or overseas to make an unsolicited telemarketing call to an Australian number if that number is listed on the register.
• Telemarketers have 30 days to recognise the registration of a number and to stop contacting that number. To identify registered numbers, organisations are able to check – or ‘wash’ – their calling lists against the register. Lists are submitted to ACMA, checked and returned with all registered numbers identified. To protect the privacy of registrants, organisations are only given information on the numbers submitted.
• A ‘telemarketing call’ is a voice call to a phone number to offer to supply, or advertise, goods or services, land, or a business or investment opportunity, or to solicit donations.
• A telemarketing call will be exempt if it’s a designated telemarketing call (eg. calls made by government bodies, religious organisations, charities, or political parties), or the phone account holder has consented to the call.
• ‘Consent’ means either express consent or consent that can be reasonably inferred from the conduct and the business and other relationships of the individual or organisation concerned. Consent cannot be inferred from the publication of a phone number. Consent is valid for three months from the date it was given.
• Any organisation that either calls or faxes a number listed on the register, or arranges for this to occur, may be breaking the law and could face penalties. ACMA can apply to the Federal Court for a civil penalty to be ordered against the organisation.

What to do…

It takes only a couple of minutes to register your private and domestic phone numbers on the Do Not Call Register. Just complete the very simple form here.

If you are a business and you intend to undertake telemarketing, then you need to:

1. submit your list of phone numbers to ACMA so it can tell you which numbers are on the Do Not Call Register, or
2. use a reputable telemarketing organisation and make sure they’re complying with the obligations under the Do Not Call Register Act.