There are two industry standards that set rules about how and when telemarketers, researchers and fax marketers can contact people.
These standards are intended to give consumers greater certainty on the level of conduct they can expect from those making unsolicited calls or sending marketing faxes.
Who do the standards apply to?
To any individual or organisation that makes or arranges for telemarketing/research calls to be made or marketing faxes to be sent to Australian numbers, even those not on the register.
This means that even if a particular business, such as a registered charity, is exempt from the Do Not Call Register Act 2006 obligations, it must still meet the requirements contained in the industry standards.
The Telecommunications (Telemarketing and Research Calls) Industry Standard 2017 requires the caller to:
1. Ensure that calling line identification is enabled when they make a call.
Callers must clearly display a contact number on screen—if it says ‘private’, they’re breaking the rules.
2. Call only at certain times
Callers are only able to call during the times set out below unless you have consented to being called at another time.
Telemarketing calls may only be made on:
- weekdays between 9 am–8 pm
- Saturdays between 9 am–5 pm
Research calls may only be made on:
- weekdays between 9 am–8:30 pm
- Saturdays between 9 am–5 pm
- Sundays between 9 am-5 pm
3. Provide certain information
Callers need to provide certain information when they call. For example, callers must provide as soon as the call startes:
- the name of the person calling
- the purpose of the call.
4. Terminate a call in certain circumstances
Callers must terminate a call in certain circumstances, including where the call recipient asks for the call to be terminated or otherwise indicates that they do not want the call to continue.
The Telecommunications (Fax Marketing) Industry Standard 2021 requires those sending unsolicited faxes to:
1. Fax only at certain times
Fax marketers are only able to send a fax during the times set out below unless you have consented to being called at that time.
Faxes may only be sent on:
- weekdays between 9 am–8 pm
- Saturdays between 9 am–5 pm
2. Provide certain information in a fax
Information to be provided on a fax includes:
- the name of fax advertiser
- the contact details of the fax advertiser.
3. Provide an opt-out facility
A person must be able to send to, leave at, or otherwise communicate an opt-out message to the opt-out address.
4. Limit the number of faxes sent to a recipient in a period.
A person who sends faxes must make reasonable efforts to ensure that no more than 10 faxes, that are authorised to be sent by the same fax advertiser, are sent to a particular Australian number in any single 24 hour period.