Do Not Call Register scheme Peter Sutton Manager Do Not Call Taskforce International Training Program 12 September 2006

Presentation overview Outline of ACMA’s legislative responsibilities arising from the Do Not Call legislation Resourcing ACMA’s role in operation of Register International experience Telemarketing contact standards Industry codes

Do Not Call legislation recently passed Legislation to establish the Do Not Call scheme was passed by Parliament on 22 June The legislation responds to community concerns about the intrusiveness of telemarketing on Australians. The legislation is intended to regulate and minimise unsolicited telemarketing calls made to Australian telephone numbers. The work in implementing the scheme rests with ACMA.

ACMA’s new legislative responsibilities include: Establishing the Do Not Call Register. Administering laws that prohibit telemarketers from calling numbers on Register. Determining telemarketing industry ‘contact’ standards. Registering any industry codes that deal with the making of telemarketing calls. Conducting and/or coordinating education programs about unsolicited telemarketing calls.

Resources Budget funding of $33 million has been provided over four years for the implementation of the Do Not Call scheme. The Government anticipates that approximately $15.9 million will be recovered from the telemarketing industry through payment of fees to access the Register.

The Do Not Call Register: Australian numbers used for private or domestic purposes are eligible for registration (includes mobiles but not faxes). Based on overseas experience we expect to receive 7 million registrations, with approx. 4 million registrations in first year. A telephone number stays on the Register for 3 years unless removed on request. Telemarketers are prohibited from calling numbers on the Register without the recipient’s consent (express or implied). Exemptions are provided for certain types of telemarketing ie calls that are in the “public interest” (eg charities, religious organisations and political parties).

The Do Not Call Register cont.: Telemarketers are required to arrange for Register Operator to ‘wash’ their contact list against numbers on Register. Telemarketers have 30 days to use their lists after they have been ‘washed’ by Register. Telemarketers face significant penalties for calling numbers on the Register.

International experience Strong take-up. The US register has over 100 million registrations (population 300 million) and the UK 20 million (population 60 million). Bulk registrations were a problem in the US, with some companies registering all their customers so that other businesses were unable to call them. Telemarketers are required to pay to access the Register.

ACMA’s role in operation of Register Establishment and operation of Register – Contracted out by ACMA Administration and access to Register (eg manner in which applications can be made to Register) – Determined by ACMA Telemarketing fee for accessing the Register – Determined by ACMA

ACMA required to make telemarketing contact standards The standards must deal with: -Restricting the calling hours/days for making telemarketing calls; -Requiring specified information about the telemarketer to be provided; -Providing for the termination of telemarketing calls; and -Requiring telemarketers to enable calling line identification when making telemarketing calls. The standards are required to be in place prior to the commencement of the Do Not Call Register.