Do Not Call Register Act
What is the Do Not Call Register?
The Do Not Call Register Act is an Australian Government initiative that provides Australians with the opportunity to 'opt out' of receiving most telemarketing calls.
The Do Not Call Register Act was set up in 2006 for consumers to register their number if they wished 'opt Out' and the register was amended on 30th May 2010 allowing for Australian fax numbers to be entered also.
Once a number(s) are listed on the register, telemarketers and fax marketers must not contact those numbers. Any business that either calls or faxes a listed number, or arranges for calls or faxes to be made or sent on its behalf, may be in breach of the legislation and could face penalties.
Who needs to Comply with the register?
If you send marketing faxes, or cause marketing faxes to be sent, you need to be aware of the Do Not Call Register Act requirements to ensure you comply with them to avoid complaints and investigation by ACMA.
For a definition of what the Act regards as 'Fax Marketing', please click here.
There are some businesses exempt from the Act (See Below) and there is also the case where if a person has provided consent to an organization to be contacted, they may still receive marketing faxes. Consent can be expressed or inferred;
Express consent is when a person has specifically requested to receive marketing faxes and has directly provided their number (either verbally or in writing) to the fax marketer for that purpose.
Consent will only be inferred where it is reasonable to do so. Consent may be inferred from the conduct and the business and other relationship between the recipient of the call or fax and the person sending the marketing fax. Consent can be withdrawn at any time by the recipient of the fax.
Is my business exempt from the register?
Certain public interest organisations are still allowed to contact numbers that are listed on the register. Exemptions apply to:
- charities or charitable institutions
- educational institutions
- religious organisations
- government bodies
- registered political parties
- independent members of parliament
- political candidates
For more information on exemptions please go to the Do Not Call Register website.
What does Newsnet do to help?
Newsnet is available to help you understand if you need to comply with the register and what you must do to ensure you don't receive any complaints.
Newsnet also offers a list 'washing'. Please contact us for more information on the list washing service. service where we can wash your fax list against the Do Not Call Register to remove any contacts that have chosen to 'opt out' from receiving any Fax Marketing.
Please contact us for more information on the list washing service.
How often do I need to 'wash' lists against the register?
Fax contact lists must be washed against the register every 30 days to ensure up to date information.
What should I do if I receive a complaint?
The best way to avoid any complaints is to make sure your data is washed every 30 days. The Do Not Call Register will provide a receipt of the data that has been washed for your records.
If you have received a complaint and feel it is in error or have any questions then you can go to the Do Not Call website and register a query or call ACMA on: 1300 785 749 (Mon - Fri 8:30am to 5:00pm).
More information on the registry can be found on the Do Not Call Register website or the ACMA website.