On 30 June 2006, the Do Not Call Register Act 2006 became Law. This Act along with the Do Not Call Register (Consequential Amendments) Act 2006 provides the legal framework for a national Do Not Call Register and telemarketing contact standards. The purpose of the Act is to reduce the number of unsolicited telemarketing calls which have grown significantly in recent years.
The Do Not Call Register Act is a direct response to the level of increasing community and individual concerns over this issue. The Register itself however will only be operational in early 2007.
The Australian Communications and Media Authority (ACMA) is responsible for establishing and administering the Do Not Call Register and implementation of the legislation.
ACMA is setting up a Do Not Call Register to protect individuals from unsolicited telemarketing phone calls. Telemarketers will be prohibited from contacting anyone on the Do Not Call Register. If they breach this requirement, a range of penalties will apply. The exact procedure for registration of unsolicited telemarketing phone calls has not yet been specified. The ACMA is currently drafting an implementation plan for its introduction.
Exemptions will be provided for certain types of telemarketing calls to allow organisations who carry out activities in the public interest to carry out their work and continue to provide services to the community. The exempt bodies are: charities, registered political parties, Independent members of Parliament and candidates; religious organisations; educational institutions (where a call is made to a student, alumni or alumnae); and government bodies.
The Do Not Call Register (Consequential Amendments) Act 2006 enables the development of relevant industry codes and standards relating to telemarketing calls. It requires ACMA to make national standards regulating the making of all telemarketing calls. The mandatory standards will relate to certain conduct matters such as the time at which telemarketing calls may be made, the information which must be provided and the termination of calls. The standards will apply to all telemarketers, including those exempt from the Do Not Call Register arrangements.
In the interim period until the Register is operational in 2007, individuals may wish to note that the Australian Direct Marketing Association (ADMA) maintains an industry-run- register of individuals who do not want to receive any mail or telephone orders at home. This register, called the Do Not Contact service, may be accessed through ADMA’s website at www.adma.com.au/asp/index.asp?pgid+1999 or you may wish to contact ADMA on 1300 792 664. Once registered, a person’s name and contact details will be removed from marketing lists held by ADMA members. It is important to note, however, that not all telemarketers are members of ADMA. ADMA can also provide information about similar overseas associations.
The new Act brings together many of the existing Commonwealth and State laws relating to unsolicited telemarketing laws. Previously at the Commonwealth level, the regulation of telemarketers was governed by the Telecommunications Act 1997, the Trade Practices Act 1974 and the Privacy Act 1988. However there are claims that these Acts need revision to accommodate new operating situations and technological innovations. On the other hand, legislation in states and territories also regulates aspects of direct marketing, however legislation is not consistent across Australia, and is not generally specifically targeted to address telemarketing activities. This new national Act will hopefully simplify telemarketing laws and address the privacy concerns of individuals and the community at large.
For further information, please contact Leneen Forde on (03) 9608 2243 or l.forde@cornwalls.com.au
Daryl Lim on (03) 9608 2150 or d.lim@cornwalls.com.au
