National Do-Not-Call Register - What you need to know
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On 31st May 2007, The Minister for Communications, Senator
the Hon Helen Coonan announced the launch of a national Do Not Call
Register, introduced as a response to the significant increase in the
number of unsolicited calls in Australia over recent years which have
led to ‘rising community concerns about the inconvenience and
intrusiveness of telemarketing’.
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Exemptions from the Do Not call Register have been provided for:
- Government bodies
- Religious organisations
- Charities and charitable organisations
- Political parties
- Educational institutions, where the call is made to a household
where a current or former student lives or has lived previously.
These exemptions have been provided for under the banner of
‘designated telemarketing calls’.
The Fundraising Institute
Australia
supports the legislation with the proviso that charitable organisations
are allowed to make ‘designated telemarketing calls’.
MAIN FEATURES OF DO NOT CALL LEGISLATION
(applicable to bodies subject to the Do Not Call
Legislation)
Application
- Unsolicited telemarketing calls must not be made to numbers
registered on the Do Not Call Register unless express or inferred
consent has been given by the telephone account holder or nominee
- Inferred consent exists where there is an ongoing transactional
arrangement between an individual and the business or organisation
Registration on the Do Not Call register
- Registration relates to Australian telephone numbers used for
private or domestic purposes.
- Registration must be made by the primary telephone account holder or
a nominee
- Registration is effective for 3 years, unless removed by the account
holder
- Individuals who are not the primary account holder or the
‘nominated’ person cannot consent to receiving telemarketing
calls on the registered number.
Consequences of legislative breaches
- Penalties incurred by legislative breaches will judged depending on
the extent and degree of breach.
- The maximum fine for repeated breaches is $1,100,000
- Breaches of legislation are civil penalties and may incur
injunctions.
Costs
- ACMA will charge an agreed fee for businesses and organisations to
‘wash’ their lists, phone numbers against the National Do
Not Call Register.
- Individuals are not required to pay a fee to
register their telephone numbers.
INDUSTRY STANDARDS FOR THE MAKING OF TELEMARKETING CALLS
(applicable to both exempt bodies and bodies subject to the Do Not Call
legislation)
- Under section 125A of the Telecommunications Act 1997 the Australian
Media and Communications Authority (ACMA) has been given responsibility
for developing mandatory national standards for persons and
organisations making telemarketing calls
- Bodies exempt from the Do Not Call Legislation such as charities
are not exempt from the requirement to comply with
the national telemarketing standards.
- The standards will include provisions on:
- The hours and/or days during which telemarketing calls may be made
or by attempted to be made
- The disclosure of information
- When a call must be terminated
- The enabling calling line identification when making telemarketing
calls
For further information, visit the ACMA website at http://www.acma.gov.au/
To read the Telemarketing Industry Standard click here and to read the Industry Standard
Variation please click here.
TIMELINE
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May 31 2007
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Do Not Call register launch
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| 5 April 2007 |
Closing date for submission on the
discussion paper for 3rd draft determination setting out fees for
accessing the Do-Not-Call Register. To read FIA's submission click here. |
| 28 March 2007 |
IPND scheme released. To read click here. |
| 26 March 2007 |
National industry standard for making
telemarketing and research calls released. To read click here. |
| 26 March 2007 |
Discussion paper for 3rd draft
determination, setting out fees for accessing the Do-Not-Call Register
released. To read click here. |
| 16 March 2007 |
Closing date for submissions for 2nd draft
determination, Do-Not-Call Register (Administration and Operation)
Determination 2007. To read FIA's submission click here. |
| 7 March 2007 |
2nd draft determination, Do-Not-Call
Register (Administration and Operation) Determination 2007, released for
public consultation. To read click here. |
| 2 March 2007 |
Closing date for submissions to Draft
Telecomunnications Integrated Public Number Database (IPND) Scheme. To
read FIA's submission click here. |
| 20 February 2007 |
Closing date for submissions for 1st draft determination, Do-Not-Call
Register (Access to Register) Determination 2007. To read FIA's
submission click here.
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| 9 February 2007 |
5 of the 7 Ministerial instruments
(legislative instruments) which contain key aspects of the IPND Scheme
released for public consultation. To read click here |
| 2 February 2007 |
1st draft determination, Do-Not-Call
Register (Access to Register) Determination 2007, released for public
consultation. To read click here. |
| 31 January 2007 |
Closing date for submissions on the
Telecommunications (DNC Register) (Telemarketing and Research Calls)
Industry Standards 2006. To read FIA submission click here |
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January 2007
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Determination of Tender process and signing of contract with selected
service provider
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| 22 December 2006 |
Draft Telecommunications (DNC Register) (Telemarketing and Research
Calls) Industry Standards 2006 released for public consultation. To
read click here.
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2 November 2006
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Closing date for tender responses for the operation of the Do Not
Call register
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13 October 2006
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ACMA industry briefing on the tender of the Do Not Call register
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8 September 2006
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Closing date for submissions – 40 submissions received
including a ‘submission from FIA’
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August 2006
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‘Discussion Paper on Industry Standards for the Making of
Telemarketing Calls’ released by ACMA
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30 June 2006
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Legislation to establish the Do Not Call Register received Royal
Consent -‘Do Not Call Register Act 2006’ and ‘Do Not Call Register (Consequential Amendments) Act
2006’
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19 June 2006
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ECITA tabled its report in the Senate – ‘Senate Report: Environment, Communications, Information
technology and the Arts Legislation Committee - Provisions of the Do Not
Call Register Bill 2006 and Do Not Call Register (Consequential
Amendments) Bill 2006’
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9 June 2006
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ECITA called for submissions by Friday 9 June - 33 Submissions
were received – including a ‘submission from FIA’
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11 May 2006
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Upon introduction of the Bills into the House of Representatives, the
Senate referred the provisions of the Bills for inquiry by the
Environment, Communications, Information Technology and the Arts (ECITA)
legislation Committee
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4 April 2006
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Plans to establish a national Do Not Call register announced by
Senator Coonan – ‘Media release by Senator Coonan’
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30 November 2005
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Consultation period closed - 495 submissions received including a submission from FIA
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30 October 2005
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Discussion paper outlining various models of Do Not Call registers
released: ‘Introduction of a Do Not Call Register – Possible
Australian Model Discussion Paper’
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Need more Information?
Please contact:
Gail Knox
Policy & Communications Manager
Chris McMillan
CEO
on 1300 889 670 or at poilcy@fia.org.au.
