Do Not Call Register Act 2006 - Proclamation

Administered by Department of Communications and the Arts

Legislation au F2007L01114 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Communications, Information Technology and the Arts

 

Do Not Call Register Act 2006

 

Proclamation

 

Subsection 2(1) of the Do Not Call Register Act 2006 (the Act) provides that Part 2 of the Act commences on a single day to be fixed by Proclamation.  However, if any of the provisions in Part 2 do not commence within twelve months of the date the Act receives the Royal Assent, then those provisions commence on the first day after the end of that twelve-month period.  The Act received the Royal Assent on 30 June 2006.

 

The purpose of the accompanying Proclamation is to fix 31 May 2007 as the day on which Part 2 of the Act commences.

 

Sections 1 to 9, Part 3 and sections 41 and 46 of the Act commenced on Royal Assent.  Parts 4 and 5, sections 39, 40 and 42 to 45, and Schedules 1 to 3 commence at the same time as Part 2.

 

The Act provides for the establishment of a Do Not Call Register which will enable consumers to opt out of receiving unsolicited telemarketing calls.  Part 2 of the Act sets out the rules about making telemarketing calls.  It provides that unsolicited telemarketing calls must not be made to a number registered on the Do Not Call Register, subject to a number of limited exceptions, and provides that agreements relating to the making of telemarketing calls must require compliance with the Act.

 

The remaining provisions which will commence at the same time as Part 2 either relate to the rules about making unsolicited telemarketing calls in Part 2 by providing for their enforcement or setting out relevant definitions, or are miscellaneous provisions which did not require immediate commencement.  They have the following effect:

 

  • Part 4 sets out the civil penalty regime that applies for a contravention of a civil penalty provision (that is the telemarketing rules established in Part 2 and section 44) and Part 5 provides injunctive powers to the Federal Court or the Federal Magistrates Court in relation to contravention of these provisions.
  • Section 39 provides a meaning for the term ‘nominee’ that is relevant to the rules about making telemarketing calls in Part 2.  Paragraph 11(2)(b) provides that a person can make a telemarketing call to a number on the Do Not call Register with the consent of a nominee of the relevant telephone account-holder.
  • Section 40 provides an enforcement option for a breach of a civil penalty provision (that is the telemarketing rules established in Part 2 and section 44).
  • Sections 42 to 45 are miscellaneous provisions which relate to the operation of State and Territory laws, an implied freedom of political communication, giving effect to international conventions and a provision requiring a three year review of the Act.
  • Schedule 1 to the Act defines the expression ‘designated telemarketing call’.  ‘Designated telemarketing call’ is an expression used in Part 2 of the Act.  Such calls are exempt from the prohibition on making an unsolicited telemarketing calls to a number registered on the Do Not Call Register in section 11 of the Act.
  • Schedule 2 to the Act defines the expression ‘consent’.  The concept of consent is relevant to section 11 of the Act which provides that the prohibition on making telemarketing calls to a number registered on the Do Not Call Register does not apply if the relevant telephone account-holder or their nominee has consented to the making of the call.
  • Schedule 3 to the Act sets up a system of infringement notices for contraventions of a civil penalty provision (that is rules relating to telemarketing calls set out in Part 2 of the Act and section 44) as an alternative to the institution of proceedings in the Federal Court or the Federal Magistrates Court. 

 

The commencement of the provisions in Part 2 of the Act was delayed in order to enable individuals or companies that currently participate in telemarketing activities to change their method of marketing prior to the prohibition on making unsolicited telemarketing calls to a number on the Do Not Call Register coming into effect.  The commencement date fixed by the accompanying Proclamation allows consumers to take early advantage of opting out of receiving unsolicited telemarketing calls whilst giving businesses eleven months since the Act received Royal Assent to adjust their telemarketing practices.  The commencement date was chosen after consultation with the Australian Communications and Media Authority, which is responsible for enforcing the Act.

 

The accompanying Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (see paragraph 6(e) of that Act), but is not subject to disallowance (see item 42 in the table in subsection 44(2) of that Act).

 

Overview

The Do Not Call Register Act 2006 was enacted to address the problem of unsolicited telemarketing calls, providing a mechanism for consumers to opt out of receiving such calls. This Act was passed by the Australian Parliament and received the Royal Assent on 30 June 2006. The primary objective of the Act is to establish a Do Not Call Register, allowing consumers to register their telephone numbers to prevent unsolicited telemarketing calls, with certain exceptions. Part 2 of the Act, which sets out the rules for making telemarketing calls, commenced on 31 May 2007, giving businesses eleven months to adjust their practices. The commencement date was set after consultation with the Australian Communications and Media Authority, which is responsible for enforcing the Act. Other provisions, including those related to enforcement and definitions, either commenced on the Royal Assent date or the same day as Part 2, providing a comprehensive framework for regulating telemarketing activities in Australia.

Scope and Application

The Do Not Call Register Act 2006 applies to all persons and entities engaged in telemarketing activities in Australia, specifically targeting the conduct of making unsolicited telemarketing calls to consumers. This legislation extends to the Commonwealth, with its provisions enforced at a national level to ensure uniformity in the regulation of telemarketing practices. The Act came into effect in stages, with certain provisions such as the establishment of the Do Not Call Register and basic rules about telemarketing commencing upon Royal Assent on 30 June 2006. The more stringent rules and enforcement mechanisms, outlined in Part 2, along with related provisions, came into force on 31 May 2007. The Act does not explicitly state any exclusions, but it does include specific exemptions, such as allowing telemarketing calls to numbers on the Do Not Call Register if the call is a designated telemarketing call or if the relevant telephone account-holder or their nominee has given consent. The Act can be extended or modified through subordinate instruments, such as the schedules defining specific terms and setting up systems for infringement notices, which provide additional detail and operational guidelines for the enforcement of the Act.

Key Provisions

The Do Not Call Register Act 2006 (the Act) establishes a framework for managing unsolicited telemarketing calls in Australia, with key provisions outlined in various sections. Section 11 (paragraphs 2(1)) specifies that unsolicited telemarketing calls must not be made to numbers registered on the Do Not Call Register, with limited exceptions (section 11(2)(b)). The Act also requires telemarketing call agreements to mandate compliance with the Act (section 11(3)). Part 2 of the Act, which commenced on 31 May 2007, provides the rules for making such calls, ensuring that businesses respect consumers' opt-out preferences. The Act imposes several obligations on businesses and telemarketing companies. Firstly, they must ensure that their telemarketing practices comply with the provisions outlined in Part 2 (section 11). Secondly, they must obtain consent from the relevant telephone account-holder or their nominee before making calls to numbers on the Do Not Call Register (section 11(2)(b)). Thirdly, telemarketing call agreements must explicitly require adherence to the Act’s rules (section 11(3)). Additionally, businesses must adjust their marketing strategies to avoid contravening the Act, particularly the prohibition on making unsolicited calls to registered numbers. Breaches of the telemarketing rules established in Part 2 of the Act are subject to civil penalties as outlined in Part 4. The Act provides for a civil penalty regime where contraventions of the telemarketing rules can result in significant penalties. Additionally, Part 5 of the Act grants the Federal Court and the Federal Magistrates Court the authority to issue injunctions against entities that violate these provisions. Schedule 3 to the Act also establishes a system of infringement notices, which serve as an alternative to court proceedings for certain contraventions. The maximum penalties for breaches can be substantial, depending on the nature and severity of the violation.

Legal classification tags

Area of Law
Consumer Law
Telecommunications Law
Instrument
Proclamation
Concepts
Commencement Provisions
Civil Penalty Provisions
Consent
Designated Telemarketing Call
Enforcement Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.