Places automated calls, in Australia
Each law's tag says when it binds: since in force proposed proposed
Spam Act 2003, Unsolicited Commercial Electronic Messagessince 6 lines
Spam Act 2003 (Cth), ss. 16-18, 24-25, 28, Sch. 1, Sch. 2 · Read the law's page
- Obtain the relevant electronic account-holder's express consent, or consent reasonably inferred from their conduct and business or other relationships, before sending, or causing to be sent, a commercial electronic message (an email, SMS, instant message or similar account message, but not a voice call) that has an Australian link, unless it is a designated commercial electronic message exempt under Schedule 1.
- Treat a business or work electronic address as impliedly consenting only if it was conspicuously published, the publication appears to have the agreement of the person or organisation it belongs to, it carries no statement that unsolicited commercial messages are unwanted, and the message you send is relevant to the work, office, function or role the address was published for.
- Every commercial electronic message with an Australian link, including a designated commercial electronic message, must clearly and accurately identify the individual or organisation who authorised it and include accurate contact information for them, reasonably likely to stay valid for at least 30 days.
- Every commercial electronic message with an Australian link that is not a designated commercial electronic message must include a clear and conspicuous statement that the recipient may send an unsubscribe message to an electronic address that is legitimately obtained and reasonably likely to be capable of receiving unsubscribe messages for at least 30 days after the message is sent.
- Once the account-holder, or a user of their account, sends you a message withdrawing consent (which includes an unsubscribe message under section 18), stop sending further commercial electronic messages to that address from the end of the fifth business day after it was sent, unless fresh consent is given.
- Do not send, or cause to be sent, a commercial electronic message with an Australian link to an electronic address you have no reason to believe exists.
Spam Act 2003, Address-Harvesting Software and Harvested-Address Listssince 3 lines
Spam Act 2003 (Cth), ss. 20-22, 24-25 · Read the law's page
- Do not supply, or offer to supply, address-harvesting software (software specifically designed or marketed for searching the internet for electronic addresses and collecting, compiling, capturing or otherwise harvesting them) or a harvested-address list, or a right to use either, to another person, where you or the customer is physically present in Australia or an entity carrying on business or activities in Australia at the time, if you have reason to suspect it will be used to send a commercial electronic message in contravention of section 16.
- Do not acquire address-harvesting software or a harvested-address list, or a right to use either, while you are physically present in Australia or an entity carrying on business or activities in Australia, if you intend to use it in connection with sending a commercial electronic message in contravention of section 16.
- Do not use address-harvesting software or a harvested-address list, while you are physically present in Australia or an entity carrying on business or activities in Australia, in connection with sending a commercial electronic message in contravention of section 16.
Do Not Call Register Act 2006, Unsolicited Telemarketing Callssince 3 lines
Do Not Call Register Act 2006 (Cth), ss. 11-12, 24-25, 30, Sch. 1, Sch. 2 · Read the law's page
- Do not make, or cause to be made, an unsolicited telemarketing call to an Australian number registered on the Do Not Call Register unless the relevant account-holder or their nominee consented, or the call is a designated telemarketing call under Schedule 1.
- Treat consent as express, or reasonably inferred from the account-holder's conduct and business or other relationships; never treat a number as consenting merely because it has been published, and treat express consent that does not itself state a period as lapsing three months after it is given.
- Do not enter into a contract, arrangement or understanding with another person if there is a reasonable likelihood they, or their employees or agents, will make telemarketing calls to numbers eligible for the Do Not Call Register, unless the contract expressly requires compliance with this Act.
- A designated telemarketing call is one authorised by a government body or registered charity supplying its own goods or services, by a registered political party, an independent parliamentarian or an election candidate raising funds for electoral or political purposes, or by an educational institution calling a number used primarily for the private or domestic purposes of a current or former student or a member of their or an employee's household.
- Only a number used or maintained primarily for private or domestic purposes, a fax number, a number used exclusively by a government body, or an emergency-service number can be registered on the Do Not Call Register; an ordinary business telephone number cannot be registered.
Telecommunications (Telemarketing and Research Calls) Industry Standard 2017since 7 lines
Telecommunications (Telemarketing and Research Calls) Industry Standard 2017 (Cth), ss. 5, 8-15 · Read the law's page
- Do not make, cause to be made, or attempt to make a telemarketing call that is not a research call on a weekday before 9am or after 8pm, a Saturday before 9am or after 5pm, a Sunday, or a listed national public holiday (or its in-lieu weekday holiday), unless the account-holder or their nominee gave express advance consent to that day or time.
- For a research or opinion-polling call, keep to the same calling times except that a weekday call may run until 8.30pm and a Sunday call is permitted from 9am to 5pm; the public-holiday bar still applies.
- As soon as a call that is not a research call starts, give the caller's given name (unless the call uses only a recorded or synthetic voice), the business name of the caller's employer or, if self-employed, the caller's own business name, the name of whoever caused the call to be made, and the purpose of the call, unless the recipient ends the call first or the caller ends it within 5 seconds without speaking to them; for a research call, give the same information except that the identity of whoever caused the call may instead be given on request or before the call ends.
- On request, give the contact details of the caller's employer or, if self-employed, the caller's own details, the contact details of whoever caused the call to be made, and the name and contact details of whoever handles inquiries or complaints; contact details must include a business name and an Australian number that can take voice calls during normal business hours, plus at least one current street, postal, email or web address.
- Where a call uses a recorded or synthetic voice, provide a mechanism, such as a button to reach an operator, that lets the recipient request the information above.
- Ensure calling line identification is enabled for every call and that the number displayed to the recipient is one that, if called back, will provide the required information and is reasonably likely to be able to receive that return call for at least 30 days.
- Immediately terminate a call, or ensure it is terminated, if the recipient asks for it to end or otherwise indicates they do not want it to continue, or if you learn the recipient is not at the account-holder's usual residential address and is receiving the call at a time that would be a prohibited calling time there, unless the recipient expressly asks for the call to continue.
Privacy Amendment (Personal Data Protection) Bill 2026 (exposure draft)proposed4 lines
Exposure Draft, Privacy Amendment (Personal Data Protection) Bill 2026 (Cth), amending the Privacy Act 1988, released for consultation by the Attorney-General's Department on · Read the law's page
- Collect, use or disclose personal information only where doing so is fair and reasonable in the circumstances and lawful (draft Australian Privacy Principle 3).
- If you become aware of reasonable grounds to believe that an eligible data breach of your entity has occurred, give the Commissioner a statement within 72 hours (draft section 26WK).
- Provide a simple means of requesting not to receive direct marketing communications before making one, and give effect to such a request (draft Australian Privacy Principle 7).
- If you are an organisation that is a large digital platform, destroy an individual's personal information on request, subject to listed exceptions (draft Australian Privacy Principle 14).