Legislation that is relevant to the administration of the Do Not Call Register
Legislation
- prohibits making unsolicited telemarketing calls or sending unsolicited marketing faxes to numbers on the Do Not Call Register
- sets out the main remedies for breaches of the Act (civil penalties and injunctions)
- requires the Australian Communications and Media Authority (the ACMA) to establish and oversee the Do Not Call Register and investigate breaches of the Do Not Call Register legislation and the Industry standards.
Do Not Call Register Regulations 2017
Removes certain types of calls from the Do Not Call scheme including: fault rectification calls; appointment rescheduling calls; appointment reminder calls; calls relating to payments and solicited calls.
Contains additional provisions about telemarketing calls and marketing faxes. These include Part 6 (industry codes and standards), Part 26 (investigations), Part 27 (information‑gathering powers) and Part 31A (enforceable undertakings).
Industry standards
The ACMA has made two industry standards relating to the telemarketing and fax marketing industries:
Telecommunications (Telemarketing and Research Calls) Industry Standard 2017
- made under section 125A of the Telecommunications Act 1997
- sets out the minimum requirements for those making telemarketing and research calls to Australian numbers.
Telecommunications (Fax Marketing) Industry Standard 2021
- made under section 125B of the Telecommunications Act 1997
- sets out minimum requirements for those sending marketing faxes to Australian numbers.
Determinations
Three determinations have been made to support the Do Not Call Register.
Do Not Call Register (Access to Register) Determination 2017
Administers the process of submitting lists of numbers to the Do Not Call Register and how access-seekers will be informed about registered numbers.
Do Not Call Register (Administration and Operation) Determination 2017
Administers the processes for applying for registration, applying for correction of entries and for removing entries and ineligible numbers on the Do Not Call Register.
Do Not Call Register (Access Fees) Determination 2017
Sets out the fees for checking number lists against the Do Not Call Register.