The Do Not Call Register (the Register) provides Australians with the opportunity to opt out of receiving certain telemarketing calls. The register is operated by Service Stream Solutions Pty Ltd.
Individual telephone account holders or their nominees can register their Australian fixed line and mobile telephone numbers on the register, provided the numbers are used or maintained exclusively or primarily for private or domestic purposes. Telephone numbers that are not used exclusively or primarily for private or domestic purposes, such as business numbers, are not eligible to be entered on the register.
The government has decided that limiting the register to private or domestic numbers provides an appropriate balance between the rights of individuals to privacy and the needs of businesses to promote their products and services.
Primarily for private or domestic purposes
When applying to enter their telephone number on the Register, a person is required to state that the number is used exclusively or primarily for private or domestic purposes before the number can be registered.
In practice, whether a number is used primarily for private or domestic purposes can only be answered on a case-by-case basis. It may depend on the way that the number is used. Even if the number is used for some business calls, the number may still be eligible to be registered if its primary purpose is private or domestic. In general, a number is likely to be used primarily for private or domestic purposes where:
- the telephone account is in an individual’s name
- the phone is located at a residential address.
Some factors which may indicate the number is used primarily for business purposes and is not eligible to be placed on the register include:
- the number is listed in a current business directory or on a business website
- the number is in fact used mainly for business calls
- the telephone account is registered in the name of a business
- the number is displayed on a company business card.
These factors should be considered when considering whether a telephone number is eligible to be registered.
Where the ACMA finds that a listed number is not used primarily for private or domestic purposes, it will have the number removed from the Register, as required by section 8 of the Do Not Call Register (Administration and Operation) Determination 2007.
Before removing a number from the Register, the ACMA will advise the telephone account holder and will provide an opportunity for the account holder to submit their reasons for claiming the number is used primarily for private or domestic purposes. Following receipt of a submission, the ACMA will advise the account holder of its final decision on the number’s eligibility for registration.
If a number is removed from the Register, telemarketing calls may be made to the number at the times permitted under the Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard 2007.
A series of information sheets is also available on the ACMA website.
Please note: this document is intended as a guide only and should not be relied on as legal advice or regarded as a substitute for legal advice in individual cases.