A number is eligible to be registered if it is used or maintained:
- primarily for private or domestic purposes; or
- exclusively for use by a government body; or
- exclusively for sending and/or receiving faxes; or
- as an emergency service number
Further information can be found at www.donotcall.gov.au.
Private or domestic use
A number can be registered if it is used primarily for private or domestic purposes.
This is likely to be the case where:
- the number is mainly used to receive personal calls, e.g. from friends and family
- the account is held in the name of an individual
- the account is located at a residential address
- the account is not on a ‘business’ plan.
A number is less likely to be a eligible where:
- the number is mainly used for business calls
- the account is held in a business name
- the account is on a ‘business’ plan
- the number is displayed on a company’s website, business card, or in a business directory.
You can register a private or domestic number(s) at www.donotcall.gov.au or by calling 1300 792 958.
A number can be registered as a ‘fax number’ where:
- it is exclusively used or maintained for sending and/or receiving faxes; or
- if it is a dual phone/fax number and its primary purpose is for private or domestic use.
You can register a fax number at www.donotcall.gov.au.
A number can be registered as a ‘government number’ if it is exclusively used or maintained for use by any department, agency, authority or instrumentality of:
- the Australian Government;
- an Australian state, territory or local government; or
- the government of a foreign country, e.g. a foreign embassy, located in Australia.
This is more likely to be the case where:
- the staff are employed as public servants (e.g. under the Public Service Act 1999)
- the body is subject to laws that ordinarily only apply to government, such as Freedom of Information laws and laws relating to the management of public money (e.g. Financial Management and Accountability Act 1997, Commonwealth Authorities and Accountability Act 1997 or equivalent state or territory legislation)
- the body was established by legislation or government regulation as a government department or agency; a local government entity; a statutory authority; or other defined government body
- if the body maintains a web sitethat has a domain name ending in ‘.gov.au’
- there is some oversight or control of its functions and activities by the executive branch of government, i.e. Ministers and the public servants that assist them.
Local councils, and federal and state government departments, agencies and authorities all qualify as ‘government bodies’. Organisations run by governments as a business enterprise are unlikely to be a ‘government body’.
For more information on how to register government numbers go to www.donotcall.gov.au.
The only emergency service numbers eligible for registration are ‘000’, ‘112’ and ‘106’. Organisations that perform emergency service functions may be eligible to register their numbers as a government number.
Who can apply to list a number on the register?
To register a number(s) you must be the account holder, a nominee, or be authorised to act for the account holder.
An ‘account holder’ is the individual or organisation responsible for the Australian number(s). An organisation may apply through an authorised officer or a nominee.
You are required to provide evidence that you are the account holder. This can be an invoice, the front page of a bill, account statement, or a contract or tax receipt from the carriage service provider for the numbers to be registered.
A ‘nominee’ is someone who has been granted authority to register numbers for another individual or organisation. You are required to provide evidence that you are a nominee. This can be:
- a statutory declaration. This allows you to declare your authority to register numbers on behalf of another individual, or
- other written evidence, such as a certified copy of power of attorney.
An ‘authorised officer’ is someone who has been granted authority to register numbers for an organisation. You are required to provide evidence that you are an authorised officer. This can be:
- a statutory declaration. This allows you to declare your authority to register numbers on behalf of your organisation, or
- a letter from the organisation. This letter should be from a senior officer in the organisation. It must state that you have authority to register numbers on behalf of the organisation, or
- an invoice, front page of a bill, account statement, contract or tax receipt from the carriage service provider for the numbers to be registered. This document must clearly indicate that you have authority in relation to the account for the numbers to be registered.
Removal of ineligible numbers
The Do Not Call Register operator must remove any number it finds to be ineligible for registration.
If a number is considered to be ineligible, the operator will contact the account holder or nominee to find out why they believe the number to be eligible.
A delegate of the ACMA will then consider the information and relevant eligibility criteriaand notify the account holder or nominee of the outcome.
If a number is found to be ineligible, the operator will remove it from the Do Not Call Register.
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.