Do Not Call Register
The Do Not Call Register Act 2006 and the Do Not Call Register (Consequential Amendments) Regulations 2006 establish a national Do Not Call Register (DNC Register) which contains the telephone numbers of consumers who do not wish to receive unsolicited telemarketing calls.The Australian Communications and Media Authority (ACMA) has determined a national Industry Standard (standard) for making telemarketing and research calls and is responsible for implementing the new legislation as well as the administration of the DNC register. Further information including full technical specifications is available from the ACMA website: www.acma.gov.au.
Commencement date
As from 31 May 2007 it is illegal for businesses to make, without consent, telemarketing calls to telephone numbers if they are registered on the DNC Register.
Under the new rules cold-calling activities of a real estate professional fall within the definition of a telemarketing call.
A consumer can 'opt-out' from receiving unsolicited calls by placing their telephone number (up to 3 including mobiles are permitted) on the DNC Register. The telephone numbers must meet the following criteria:
• be an Australian number,
• used primarily for domestic/private purposes, and
• not used exclusively for receiving and/or transmitting faxes
Timing
There is a 30-day period after someone joins the register in which they can still expect unsolicited telemarketing calls. After 30 days, a company will be in breach if it calls that number. This means lists are valid for 30 days after washing and need to be updated every 31 days if they are to be used again.
Telemarketers are required to check the DNC Register at least every thirty one (31) days.
The 'opt-out' registration lasts for 3 years after which account holders need to re-register.
Exemptions
There are some limited exemptions which allow certain public interest entities to make specific types of calls to numbers recorded on the DNC register and include the following:
• Government bodies
• Educational or religious organisations
• Registered political parties
• Members of Parliament
• Electoral candidates and charities
• Market and social researchers
It should be noted that entities responsible for calls subject to the limited exemptions need to be careful they do not breach the legislation which includes the standard.
Further exemptions apply where an individual has consented to receiving a call or where consent can be reasonably inferred from the individual's business and other relationships. Refer to the section on Consent in this document for further details.
New rules
Telemarketing calls must not be made to a number listed on the DNC register unless:
• the account holder or their nominee has provided consent to receiving the call in advance;
• within the previous 30 days, the telemarketer has received information from the register operator indicating that the number was not recorded on the register;
• the call was made by mistake;
• the person making the call took reasonable precautions to avoid breaching the relevant requirements; or
• the call is a "designated telemarketing call" where it is exempted.
The rules apply to telemarketers and other organisations that cause telemarketing calls to be made, for example, by contracting or entering into arrangements with telemarketers to provide telemarketing services on their behalf.
