Fax marketing and the Do Not Call Register

On 30 May 2010, amendments to existing laws came into effect, permitting fax numbers to be entered into the Do Not Call Register (DNCR). This means that any business that sends marketing faxes, or arranges for someone else to send marketing faxes on its behalf, needs to be aware of the DNCR and the potential effect it may have on the business’s operations.

The Australian Communications and Media Authority (ACMA) is required to develop a standard for the fax marketing industry. It commenced this process on 28 June 2010 by releasing a public discussion paper. Submissions in response to that paper have now closed and the ACMA is now drafting the standard. It is expected that a draft standard will be released in mid September 2010.

How will the DNCR affect fax marketing?

The effect of the recent changes to legislation means it is now prohibited to send a marketing fax to a fax number listed on the DNCR, unless the recipient of the marketing fax has consented to receive the fax. Any business that sends marketing faxes should ensure that is in compliance with the legislation by filtering its number list against the DNCR at least every 30 days.

Certain organisations such as charities, government and political bodies are exempt from the requirements of the DNCR. However, business should be aware of the new requirements given the broad definition of ‘marketing fax’ contained within the legislation.

For more information on how the DNCR could affect your business and how to comply with the requirements of the DNCR, please contact Certus Legal Group.