Using the register

Does the Do Not Call Register legislation apply to my activities?

A telemarketing call or marketing fax is broadly defined as a voice call or fax made to a number to offer, supply, provide, advertise or solicit:

• goods or services
• land or an interest in land
• a business/investment opportunity
• donations.

A telemarketing call has two key elements—it must be a voice call and it must have a particular commercial-type purpose. A fax can be a physical document or a fax created by computer software.

If you’re considering contacting people for any of these reasons, then your activities fall within the definition of the Do Not Call Register Act 2006 and you would be expected to use the services offered . However, under the Act, certain calls are not considered to be telemarketing or fax marketing. These include calls and faxes related to:

• product recall
• fault verification
• appointment rescheduling
• appointment reminder
• payments
• solicited calls/faxes about orders, requests or customer enquiries.

What exemptions apply under the Do Not Call Register legislation?

The Act contains some limited exemptions for calls and faxes defined as designated telemarketing calls or marketing faxes, or where consent has been given.

There are also some limited exemptions allowing certain public interest organisations to make specific telemarketing calls or send marketing faxes that have no commercial-type purpose.

Exemptions apply to:

• registered charities
• educational institutions
• government bodies
• registered political parties
• social researchers
• opinion pollsters.

However, such organisations or individuals are subject to the industry standards for telemarketing and research calls and marketing faxes.

 The prohibition on making unsolicited calls or faxes to a number on the Register does not apply if:

• the telemarketer or fax marketer had washed their list in the last 30 days and the number was not on the register
• the relevant phone or fax account-holder or their nominee consented to the call or fax
• the call or fax was made or sent (or caused to be made or sent) by mistake and the person took reasonable precautions, and exercised due diligence, to avoid the contravention.

What does it mean to have ‘consent’ to call or fax someone?

Telemarketing calls and marketing faxes may still be made or sent to individuals who have expressly agreed to receive them, or where this consent can be reasonably inferred from their conduct and business or other relationships.

Express Consent

Express consent may occur where individuals, or their nominees, have specifically agreed to receive telemarketing calls or marketing faxes. Importantly, where express consent has not been given for a set period or indefinitely, consent is taken to expire three months after it was given.

Inferred Consent

In the absence of expressed consent to receive telemarketing calls or marketing faxes, consent may still be able to be reasonably inferred from both an individual’s conduct and business or other relationships. For example, it is reasonable that a person who holds an XYZ Bank credit card may expect to receive calls about XYZ Bank home loans or XYZ Bank savings products. However, it is less likely to be reasonable for a person with an XYZ Bank credit card to receive a ‘cold call’ from Lucky’s Financial Services, regardless of the subsidiary relationship that these entities might have. 

If consumers indicate they do not wish to receive telemarketing calls or marketing faxes from an organisation, consent ends immediately and can no longer be inferred.

How do I check my number lists against the Do Not Call Register?

To check your number list against the register, you’ll first need to open an account and buy a subscription. Go to the subscription overview for more information on accounts.

Once you have bought a subscription, you’ll be able to log in and begin washing. Go to the washing overview for more information on choosing the method that suits the volume of washing you wish to undertake, and how to prepare and upload your list for washing.

Can I get more information about consumer registration?

Go to the consumer overview for more information on consumer registration, including the type of numbers eligible for registration and who can register numbers.