Legislation that is relevant to the administration of the Do Not Call Register
Remade Do Not Call Register Determinations
On 29 June 2017, the ACMA remade two Do Not Call Register determinations. The remade determinations are the:
- Do Not Call Register (Access to Register) Determination 2017
- Do Not Call Register (Access Fees) Determination 2017
The Do Not Call Register (Access Fees) Determination 2017 amends the fees to access the Do Not Call Register washing service. The new fees commence from 1 July 2017. Details of subscription fees are available on the Subscription Overview page.
The determinations were remade and the access fees amended following public consultation. The consultation period closed on Wednesday 19 April 2017. Further information on this consultation (including the Cost Recovery Impact Statement, consultation paper and submissions received in response to consultation) is available on the ACMA website.
- 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.
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).
The ACMA has made two industry standards relating to the telemarketing and fax marketing industries:
- made under section 125A of the Telecommunications Act 1997
- sets out the minimum requirements for those making telemarketing and research calls to Australian numbers.
- made under section 125B of the Telecommunications Act 1997
- sets out minimum requirements for those sending marketing faxes to Australian numbers.
Three determinations have been made to support the Do Not Call Register.
Administers the process of submitting lists of numbers to the Do Not Call Register and how access-seekers will be informed about registered numbers.
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.
Sets out the fees for checking number lists against the Do Not Call Register.