About the Do Not Call Register Act 2006
Under the Do Not Call Register Act 2006 (the Act) telemarketers and fax marketers must not contact numbers listed on the Do Not Call Register (the Register). This is subject to limited exemptions.
To assist telemarketers and fax marketers to minimise the possibility of breaching the Act, the Act makes provision for businesses planning to make telemarketing calls or send marketing faxes to access the Register to check or 'wash' their contact lists against the numbers listed on the Register. Subscription fees generally apply.
To wash lists, telemarketers and fax marketers are able to open an account, purchase an annual subscription type and submit calling lists to the Register Operator for checking against the Register. Detailed information about subscriptions and the washing service are available on the Do Not Call Register website.
For any further queries about the washing service, please call the industry hotline on 1300 785 749.
Once contact lists have been washed, businesses will be able to identify which numbers are on the Register and must not be called or faxed, and which numbers are not on the Register and may be called or faxed.
The prohibition on making unsolicited calls or faxes to a number on the Do Not Call Register does not apply if:
the telemarketer or fax marketer had washed their list in the last 30 days and the number was not on the register
the relevant phone or fax account holder or their nominee consented to the call or fax
the call or fax was made or sent, or caused to be made or sent by mistake
the person took reasonable precautions, and exercised due diligence, to avoid the contravention.
There are some limited exemptions which allow some organisations operating in the public interest to contact numbers listed on the Register. Government bodies, educational registered political parties, independent members of parliament, electoral candidates and registered charities are all entitled to these exemptions.
The legislation provides a range of enforcement options to the ACMA to deal with minor to very serious breaches. Penalty options include issuing formal warnings and infringement notices, seeking enforceable undertakings and taking civil court action.
The ACMA’s general approach to compliance is to negotiate and resolve the matter, without resorting to formal procedures. However, if informal resolution is unsuccessful or inappropriate the ACMA will take appropriate enforcement action.
Further information about the ACMA’s approach to complaints and investigations and the enforcement actions and penalties is available.
Detailed advice about measures that telemarketers and fax marketers can take to comply with key requirements of the legislation is available in the Do Not Call Register Act 2006 Compliance Guide.
Access to the register
Information about the washing service, subscription types and access fees is available on the Do Not Call Register website.
More information about the Do Not Call Register is available from:
Industry assistance line: 1300 785 749
Post: PO Box 12169, A'Beckett Street, Melbourne VIC 8006
Information about industry cost recovery arrangements is available in the Cost Recovery Impact Statement for the Do Not Call Register.
Legislation, including relevant Acts and amendments, determinations, and regulations are available on the Do Not Call Register legislation page.
Further information to help industry understand specific parts of the Do Not Call legislation is also available:
Media releases and announcements
Media releases about the Do Not Call Register and telemarketing industry standard are also available.