Penalties for breaching the DNCR rules
What can the ACMA investigate?
The ACMA can investigate alleged breaches of the Do Not Call Register Act 2006 (the Act), the fax marketing industry standard and the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017, and the Fax Marketing Industry Standard 2011. We may investigate when you make a complaint about:
- receiving an unsolicited telemarketing call or marketing fax after you’ve listed your number on the Do Not Call Register (DNCR)
- a telemarketing or research call, or marketing fax, made or sent outside of the allowable times
- a telemarketing or research caller, or marketing fax, failing to provide the required information
- a telemarketing or research caller failing to terminate the call when requested
- a telemarketing or research caller failing to have calling-line identification enabled.
- a marketing fax that fails to offer an opt-out functionality
- the number of marketing faxes sent in a particular period to a particular number.
Enforcement action and penalties
If the ACMA carries out an investigation and makes one or more findings that a person has breached the Act or the industry standards, we have a number of enforcement options available:
Read more about enforcement action and penalties under the DNCR rules.
- Case Management—involves initiating one-one-one contact with the business to discuss its compliance issues and encourage best practice with a clear understanding of the key issues and the desired outcomes.
- Formal warning—the ACMA may issue a formal warning.
- Enforceable undertaking—addresses non-compliant behaviour and involves a formal undertaking to engage in, or refrain from, certain activities. The ACMA can accept enforceable undertakings at any time, including during or following an investigation of a breach, or an alleged breach, of the DNCR Act. These undertakings are enforceable by the Federal Court.
- Infringement notice—an alternative to taking action in the Federal Court or Federal Magistrates Court. The ACMA can impose penalties through an infringement notice, which must be given within 12 months of the day on which the breaches are alleged to have occurred.
- Prosecution in the Federal Court or Federal Magistrates Court—the ACMA may apply for a court order for a person to pay the Commonwealth a penalty if the court is satisfied they have contravened a civil penalty provision. This option is available where a person has either failed to comply with an infringement notice issued by the ACMA or where the alleged breaches otherwise warrant court proceedings.
- Injunctions in the Federal Court or Federal Magistrates Court—the ACMA may apply to the Federal Court or Federal Magistrates Court for an injunction either to restrain a person from engaging in certain conduct or to require a person to perform certain acts.
For more information about the DNCR and to register your number, visit donotcall.gov.au or call 1300 792 958.
Last updated: 02 April 2017