Draft industry standard for the fax marketing industry
The comment period for the discussion paper has now closed. A total of ten
submissions were received.
The ACMA sought public comment on the draft national standard for the fax
marketing industry. A national fax marketing industry standard is intended to
provide the community with greater certainty regarding the minimum level of
behaviour they can expect from fax marketers.
The ACMA released an initial discussion paper Developing an industry
standard for the fax marketing industry in June 2010 and invited comment
from industry, the community, and other interested parties on the four areas to
be included in the standard (as set out in section 125B of the
Telecommunications Act 1997). The feedback received was considered by
the ACMA in preparing the draft standard.
The Draft fax marketing industry standard discussion paper provides
a summary of the feedback received and background information to assist people
in considering the draft standard and invites comment from industry and other
The Do Not Call Register Legislation Amendment Act 2010 (the Act)
came into effect on 30 May 2010. In relation to the fax marketing industry
there were three key changes, the Act:
- extended the eligibility requirements to allow the inclusion of fax
numbers on the Do Not Call Register (the Register)
- established a general prohibition against the sending of marketing
faxes to numbers on the Register
- inserted a new provision into the Telecommunications Act 1997
(Telecommunications Act) (s.125B) requiring the ACMA to determine certain
standards relating to the fax marketing industry.
The ACMA is implementing the associated operational changes to the Do
Not Call Register Act 2006 including the development of a fax marketing
Fax marketing industry standard
Paragraph 125B(1)(b) of the Telecommunications Act sets out the matters that
the standard must deal with. These are:
- restricting the hours and/or days during which marketing faxes may be
sent, or attempted to be sent, to an Australian number
- requiring that a marketing fax sent to an Australian number must
contain specified information about the person who authorised the sending
of the fax
- restricting the total number of marketing faxes sent, or attempted to
be sent, by the relevant participant during a particular period to a
particular Australian number
- requiring that, if a marketing fax sent to an Australian number is
authorised by a particular person (the authorising person), the
fax must contain information about how the recipient of the fax may send a
message to the effect that the recipient does not want to receive any
marketing faxes authorised by the authorising person.
The responses to this discussion paper will be considered by the ACMA in
preparing a fax marketing industry standard and it is expected the standard
will be determined in early 2011.
Please direct enquiries about this discussion paper to the ACMA on (03) 9963
The discussion paper (with draft standard attached) is available in
The closing date for submissions was Thursday 18 November 2010.
Submissions to this discussion paper may be made to the ACMA as follows:
By email: email@example.com
Manager - Do Not Call Register Section
The Australian Communications and Media Authority
PO Box 13112 Law Courts
Melbourne Vic 8010