Do sole traders need to wash outbound marketing lists against the Do Not Call Register?

Only if a further fact applies. Across every industry and every size band, the engine's answer for a sole trader is: only if a further fact applies.

Do businesses with 1–5 employees need to wash outbound marketing lists against the Do Not Call Register?

Only if a further fact applies (1–5 employees, turnover $100K–$1M).

Who must wash outbound marketing lists against the Do Not Call Register?

The applicability test for Wash outbound marketing lists against the Do Not Call Register (ACMA), computed across 35 industries, 9 business structures and 6 size bands.

Short answer: Only if

Applies only if you make outbound telemarketing calls. Whether it applies turns on a fact that no industry, structure or size settles on its own.

What the obligation is

Lists must be washed within 30 days of the call/SMS unless valid consent.

The Do Not Call Register Act 2006 requires telemarketers to not make unsolicited telemarketing calls or send marketing faxes to numbers on the DNCR, except where consent is given. Lists must be washed within 30 days. ACMA operates the DNCR; carriers and telemarketers pay per-number wash fees.

The applicability test

Applies only if you make outbound telemarketing calls. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: Telemarketers and businesses making outbound marketing calls in Australia.

What triggers it: Making an outbound marketing call.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Which industries are in or out

Outcome across the 35 industries Rules Mate maps (35 of 35: only if a further fact applies).

The answer is the same in every industry: only if a further fact applies. Industry does not change who must comply.

Business structure and size

Structure does not change the answer across all industries: for every structure the answer is "only if a further fact applies".

Size does not change the answer across all industries: at every size band the answer is "only if a further fact applies".

Worked examples

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you make outbound telemarketing calls.

When you need to check further

The engine shows this obligation as "check whether this applies" when a business has consumer customers. It then applies only if you make outbound telemarketing calls. That fact is not something Rules Mate can infer from industry, structure or size.

What you must do, and when

When due: Wash within 30 days of contact.
Frequency: Ongoing
Evidence to keep: DNCR wash records, consent records, calling lists with wash status.
Status: Current
Priority: High

Penalty for not complying

Maximum penalty: Civil penalties up to $3.64M/day (repeat, body corporate) + infringement notices; recent enforcement >$1M.

Audit or assurance level

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Where it sits in the corpus

Rules Mate tracks 7 published obligations tagged "marketing", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 1 of those apply outright. This obligation is rated high priority, and is an ongoing duty.

Regulator, legislation and tools

Regulated by Australian Communications and Media Authority.

ACMA: Telecommunications, broadcasting, radio, and online content regulator. Administers Spam Act, Do Not Call Register, telecom consumer codes.

Australian Communications and Media Authority

Do Not Call Register Act 2006: Federal Do Not Call Register administered by ACMA.

Do Not Call Register Act 2006

Free tools that help with this obligation:

Run the compliance journeyAnswer a short questionnaire about your business and get the obligations that apply to you, with the reason each one applies.

Questions

Who must wash outbound marketing lists against the Do Not Call Register?: Applies only if you make outbound telemarketing calls. Whether it applies turns on a fact that no industry, structure or size settles on its own.
Do sole traders need to wash outbound marketing lists against the Do Not Call Register?: Only if a further fact applies. Across every industry and every size band, the engine's answer for a sole trader is: only if a further fact applies.
Do businesses with 1–5 employees need to wash outbound marketing lists against the Do Not Call Register?: Only if a further fact applies (1–5 employees, turnover $100K–$1M).
When is "Wash outbound marketing lists against the Do Not Call Register" due?: Wash within 30 days of contact.

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.