IFC 31/2010 Draft industry standard for the fax marketing industry | ACMA

IFC 31/2010 Draft industry standard for the fax marketing industry

Draft industry standard for the fax marketing industry

Submissions received

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 interested parties.

Background

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 industry standard.

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 6765.

The discussion paper (with draft standard attached) is available in PDF or Word formats.

The closing date for submissions was Thursday 18 November 2010.

Written Submissions

Submissions to this discussion paper may be made to the ACMA as follows:

By email: donotcallsubmissions@acma.gov.au

By mail:

Manager - Do Not Call Register Section
The Australian Communications and Media Authority
PO Box 13112 Law Courts
Melbourne Vic 8010 

Last updated: 02 April 2013