ACMA Reviews 'Do Not Call' Register

The Australian Communications and Media Authority (ACMA) is reviewing the Do Not Call Register on the effectiveness of the Standard in balancing community and industry expectations of telemarketing and research calls.

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ACMA says this will be the first review since the Standard was made in 2007 and has released the Review of the Telemarketing Industry Standard Discussion Paper calling for public input.

ACMA figures show that as of June 2010, some 5 million Australians had placed their telephone number on the Do Not Call register.

The review will also consider the effects of industry developments, such as the use of new technology including voice over internet protocol (VoIP) and the impact of those developments on the effectiveness of the standard.

Additionally, in October 2008 the ACMA flagged a review of section 5 of the standard which regulates the times and days when telemarketing and research calls can be made would take place in 2010.

The ACMA will consider all submissions and proposals and says if the review identifies a need for amendments to the standard, the ACMA will release a revised draft standard for further consultation and comment.

The standard regulates the making of telemarketing and research calls to Australian telephone numbers.

The Standard applies to:

• all telemarketing calls made to an Australian number to offer, advertise or promote goods, services, interests in land, business opportunities or investments, or to solicit donations
• all research calls to conduct opinion polling and to carry out standard questionnaire-based research
• calls made for the above purposes by public interest entities (such as charities, registered political parties, and religious organisations) who are exempt from the general prohibition on calling numbers listed on the Do Not Call Register when making specific types of telemarketing calls.

Subsection 125A(1) of the Telecommunications Act identifies the four specific areas that must be covered by the standard. These are: 

• the days and times at which telemarketing calls may be made or attempted to be made
• requiring that telemarketing calls must contain specified information about the telemarketer or the person who authorised the call to be made
• requiring a telemarketer to terminate a telemarketing call in certain circumstances
• requiring the telemarketer to ensure that calling line identification is enabled when making a telemarketing call

The closing date for submissions is the close of business, Monday 31 January 2011.

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

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

Inquiries about this discussion paper to the ACMA on (03) 9963 6765.

The discussion paper can be downloaded here.