In response to community concerns about "the inconvenience and intrusiveness of telemarketing on Australians, [and] the impact of telemarketing on an individual's privacy" combined with the fragmented, limited and inconsistent nature of state and territory legislation, the Commonwealth established a national regulatory framework that regulates certain aspects of telemarketing: Explanatory Memorandum, Do Not Call Register Bill 2006 (Cth), p. 1.

This regulatory framework includes the following:

• Do Not Call Register Act 2006 (Act);

• Do Not Call Register Regulations 2006 (Regulations);

• Telemarketing and Research Industry Standard 2007 made under the Telecommunications Act 1997 (Industry Standard);

• Fax Marketing Industry Standard 2011;

• the various determinations issued by the regulatory body, Australian Communications and Media Authority (ACMA Determinations); and

• unsolicited contracts provisions of the Australian Consumer Law.

See Do Not Call Register Act and Standards.

The Standards set out a number of requirements that must be followed when making any telemarketing call — including to those not on the Register.

The Australian Communications and Media Authority (ACMA) is entitled to seek civil penalty orders from the Federal Court of Australia or the Federal Circuit Court of Australia for breaches of the Act: s 24, Do Not Call Register Act 2006 (Cth).

The maximum penalty that can be imposed on a body corporate for making an unsolicited telemarketing call or sending an unsolicited marketing fax, where there is no prior record, is $21,000 for each contravention, and the total penalty payable for all contraventions that occurred on the same day cannot exceed $420,000. Act. Where a body corporate has a prior record of contravention, the maximum penalty is $105,000 for each contravention, and the total penalty payable for all contraventions that occurred on the same day cannot exceed $2,100,000. Persons involved in the contravention can also be held personally liable: ss 11(1), 11(7), 12B(1), 12B(8), 12B(8), 12B(8), 25(3), 25(5), Do Not Call Register Act 2006 (Cth) .

In addition to this regulatory regime, the Australian Direct Marketing Association has adopted a number of principles, in its Code of Practice, that apply to association members making telemarketing calls to fixed line and mobile phones. This self-regulatory regime is not dealt with in this guide.

See Enforcement and compensation.

Individuals can list a private fixed line or mobile phone number on the Do Not Call Register (Register). Businesses are prohibited from making telemarketing calls to numbers listed on the Register subject to some exceptions: s 11 , Do Not Call Register Act 2006.

See Exemptions.