Do Not Call Register: who can call, who can't, and the rules

What the Act covers

The Do Not Call Register Act 2006 establishes legal restrictions on telemarketing practices. It prohibits unsolicited telemarketing calls and the sending of marketing faxes to telephone numbers that have been registered on the Do Not Call Register.

The Australian Communications and Media Authority (ACMA) administers the Act and oversees its operation. Both Australian consumers and businesses have the right to register their telephone numbers on the register, and this registration is provided free of charge.

Registration on the Do Not Call Register is ongoing. Registered numbers remain on the register indefinitely, subject to periodic confirmation processes.

Who is exempt

Certain organisations are exempt from the Do Not Call Register’s prohibition on unsolicited calls. These exemptions apply to registered charities, registered political parties and candidates, religious organisations, educational institutions contacting current or former students, and government bodies.

Exemptions do not remove all obligations. These callers must still adhere to the Telemarketing and Research Calls Industry Standard. This includes observing calling-hours restrictions, clearly identifying themselves, and respecting any opt-out requests received.

Finally, businesses can contact existing customers where the call relates to the ongoing business relationship. This allows for communication within the scope of services already provided.

Practical compliance steps

To ensure compliance with the Do Not Call Register, businesses must take specific actions before and during telemarketing campaigns. A crucial step is to scrub all call lists against the Do Not Call Register prior to commencing any calling activity. This process must be repeated for each campaign to account for changes to the register.

Businesses that rely on an existing relationship or express consent to make calls must maintain clear evidence of that consent. This documentation should be readily available if requested. Furthermore, any requests to be removed from a calling list, whether made through the Do Not Call Register or during a call, must be honoured promptly.

Effective staff training is also essential. Telemarketing staff should be trained to recognise the Do Not Call Register, adhere to calling-hours restrictions, and correctly handle opt-out requests.

• Identification procedures
• Calling-hours restrictions
• Opt-out handling

Penalties and enforcement

The Australian Communications and Media Authority (ACMA) is responsible for enforcing the Do Not Call Register rules. ACMA has a range of powers to address breaches, including issuing infringement notices, accepting enforceable undertakings from businesses, and applying to the Federal Court for civil penalties. Businesses that fail to comply with the register’s requirements may face significant financial consequences. penalty estimator

For corporations, the maximum penalty for repeat infringements can be substantial, reaching approximately $222,000 per day for each instance of contravention. This demonstrates the seriousness with which the rules are regarded.

ACMA’s recent enforcement activity has focused on call centres, targeting breaches of both the Do Not Call Register and the Telemarketing and Research Calls Industry Standard. This indicates a commitment to ensuring compliance across the telemarketing sector.