Telemarketing
Commonwealth Do Not Call Register laws
In June 2006, the
Do Not Call Register Act 2006 and the
Do Not Call Register (Consequential Amendments) Act 2006 were passed
to establish a National Do Not Call Register, which is expected to be
operational by May 2007.
In brief, the laws will allow a National Do Not Call Register to be
established so that:
- individuals will be able to avoid most unwanted telemarketing calls by
placing their private or domestic phone numbers on the Register;
- the Register will protect land as well as mobile numbers; and
- registration will be available free of charge.
However, a number of exemptions from the legislation will be available to
certain organisations and persons, including:
- charities;
- registered political parties;
- independent members of parliament;
- candidates for election to parliament;
- religious organisations;
- educational institutions; and
- government bodies.
The Australian Communications and Media Authority (ACMA) will
be responsible for implementing and overseeing compliance with the Register. To
that effect, ACMA is provided with the powers to issue formal warnings,
infringement notices and an ability to initiate court proceedings. It is also
anticipated that ACMA will develop industry codes and standards relating to
telemarketing calls, including minimum contact standards (about matters such as
times when telemarketers can call and the information they must give). These
standards will apply to all telemarketers, including those that are exempt from
the general prohibitions under the main Act.
New South Wales and Victoria
Both New South Wales and Victoria have implemented consumer protection
rules in relation to telemarketing operations.
New South Wales was the first
Australian state to pass legislative controls specifically targeting telephone
marketing with the Fair Trading Amendment
Act 2003 No 35 and Victoria
followed with the Fair Trading (Further Amendment)
Act 2003 No 106.
These pieces of legislation are largely similar, regulate matters such as
times when telemarketing may take place, formal documents which must be provided
and cooling off periods before consumer contracts can be enforced.
New South Wales |
Victoria |
Applies
to direct commerce contracts (which include door to door sales) and is
limited to supply of goods or services to a consumer who is an
individual (s 40B; see also s 5: for meaning of 'consumer'). |
Applies
to telephone marketing agreements limited to contracts
for products or services of a kind ordinarily acquired for personal,
household or domestic use (s 67A(1)). Door to door sales and other
non-contact sales agreements are subject to a separate regime with
similar provisions. |
Dealer
must give written information to the consumer in a form to be set by
regulation setting out:
- cancellation rights;
- how cancellation rights may be exercised; and
- other information prescribed by regulation (40D).
|
Written
agreement document must be supplied, setting out:
- cancellation rights;
- a notice in the prescribed form which may be used to cancel the
agreement;
- total consideration and delivery charges; and
- supplier's contact details (67E).
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