Telemarketing can be a powerful way to reach new customers in Australia. But with strong consumer protections and active enforcement by the Australian Communications and Media Authority (ACMA), it’s crucial to understand the rules before you start calling.
In this guide, we’ll break down what the law says about telemarketing in Australia, when cold calling is allowed, the legal times you can call, and the practical steps to set up a compliant outbound campaign. We’ll also cover key documents, common pitfalls, and where to get help if you want expert support.
If outbound calling is part of your growth plan, this article will help you do it the right way, build trust with customers, and avoid fines and reputational damage.
What Counts As Telemarketing – And Why Compliance Matters
Telemarketing generally means contacting people by phone to advertise, promote or offer your products or services. You might use an in‑house team, an outsourced call centre, or technology that helps you dial faster or leave recorded messages.
Because these calls reach people at home or on their mobiles, the law focuses on protecting privacy, stopping nuisance and harassment, and ensuring fair sales practices. If you call Australian numbers, you need to follow strict rules around who you can call, when you can call, what you must say, and how you record and respect “do not call” requests.
Getting this right does more than just keep you compliant. It also improves customer experience and builds long‑term trust in your brand.
What Laws Regulate Telemarketing In Australia?
Several laws and standards apply to telemarketing in Australia. The main ones are:
- Do Not Call Register Act 2006: Individuals, many sole traders and certain emergency/service numbers can opt out of unsolicited marketing calls by listing their numbers on the national Do Not Call Register. If you make marketing calls, you must check your list against the Register and avoid calling listed numbers unless you have consent or an exemption applies.
- Telecommunications (Telemarketing and Research Calls) Industry Standard 2017: This Standard sets the calling times you must follow, the identification information you must provide at the start of a call, how you must handle termination requests, caller line identification requirements, and other practical rules for both telemarketing and research calls.
- Australian Consumer Law (ACL): The ACL applies to your conduct and representations during calls. You must avoid misleading or deceptive conduct, unfair tactics or undue pressure, and you need to honour cooling‑off rules where unsolicited consumer agreements apply.
- Spam Act 2003 (for SMS, MMS and email): The Spam Act generally does not cover voice calls. It regulates commercial electronic messages (like SMS/MMS and email). If you run blended campaigns (calls plus text messages), your SMS activity must have consent, identify the sender and include an unsubscribe function.
Breaches can attract infringement notices, enforceable undertakings or court action from ACMA, and penalties can be significant. Staying compliant protects your reputation and your bottom line.
Is Cold Calling Illegal In Australia?
No. Cold calling itself isn’t illegal, but it’s tightly regulated. It’s lawful if you comply with the rules, including not calling numbers on the Do Not Call Register unless you have consent or a valid exemption, calling only during allowed hours, properly identifying yourself, and respecting opt‑out requests immediately.
In practice, most issues arise when businesses fail to check their lists against the Register, use pushy sales tactics, or continue to call after someone has asked them to stop. That is when cold calling becomes a legal risk.
Key Rules For Outbound Calls: What You Must Do
1) Check The Do Not Call Register (And Know The Exemptions)
If a number is on the Register, don’t make marketing calls to it unless you have consent or fall within a limited exemption.
- Consent matters: You can call a listed number if you have express consent (e.g. the person opted in) or inferred consent (e.g. a recent customer relationship where marketing calls would be reasonably expected). Keep evidence of how you obtained consent.
- Who is covered? Residential and mobile numbers are covered, and many sole traders can list their numbers. Calls to larger incorporated businesses and government bodies are generally not covered by the Register, but you should still follow good practice and ACL rules.
- Exempt calls: Registered charities, religious organisations, political parties and candidates, and educational institutions may have exemptions for certain calls. Research and survey calls (without a commercial sales purpose) are also treated differently. These exemptions are narrow-always check the details before relying on them.
- “Washing” your lists: Subscribe to the Register and regularly scrub (“wash”) your call lists. If you buy lists, require the seller to warrant that the list has been checked recently-and still run your own checks.
2) Call Only During Permitted Hours
The Standard sets strict calling windows (local time where the recipient is):
- Monday to Friday: 9:00am to 8:00pm
- Saturday: 9:00am to 5:00pm
- Sunday and Public Holidays: no telemarketing calls
If someone asks you to end the call, you must do so promptly. Don’t ever call during prohibited hours.
3) Identify Yourself Clearly At The Start
At the beginning of every call, your callers must state:
- their name (or a unique identifier),
- the name of your business and, if different, the name of the entity on whose behalf the call is made, and
- a contact number or other contact details where the recipient can reach you or verify your identity.
You must also ensure caller line identification (CLI) is enabled and not blocked.
4) Be Accurate, Fair And Respectful
- Be truthful: The ACL prohibits misleading or deceptive conduct and false representations. Train your callers to explain offers accurately.
- No undue pressure: High‑pressure sales tactics can breach the ACL. For unsolicited consumer agreements, cooling‑off rules and further disclosure requirements may apply.
- Respect opt‑outs: If someone asks not to be contacted again, update your internal “do not call” list immediately and stop all marketing calls to that number.
5) Think Carefully Before Recording Calls
Call recording can help with quality assurance, but recording a conversation is subject to state and territory surveillance and recording laws. In many cases you’ll need consent from the person you’re calling before recording. It’s wise to review the rules on business call recording laws and build a clear consent process into your scripts.
Privacy And Data: When Do You Need A Privacy Policy?
Many telemarketing operations collect and handle personal information (names, numbers, notes on preferences and call outcomes). In Australia, the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) apply to “APP entities”. These typically include businesses with annual turnover over $3 million, and some small businesses in specific categories (for example, those trading in personal information, health service providers, or government contractors).
If you’re an APP entity, you must have an up‑to‑date Privacy Policy and handle personal information in line with the APPs (including transparency, security, access/correction and complaints handling). Even if you’re not legally required to have one, many small businesses choose to adopt a clear Privacy Policy as best practice to build trust and meet partner platform requirements.
It’s also sensible to plan for incident response. If your business stores call recordings or contact lists, consider a Data Breach Response Plan so your team knows what to do if something goes wrong.
What About B2B Telemarketing?
Business‑to‑business (B2B) calling is generally treated differently to consumer calls under the Do Not Call regime. Many incorporated business numbers and government numbers aren’t covered by the Register. However, the Standard’s identification requirements and calling hours still apply to marketing calls, and the ACL still applies to your conduct and claims.
In short, keep B2B calls professional, accurate and respectful-and maintain an internal “do not call” list for businesses that ask not to be contacted.
Step‑By‑Step: How To Set Up A Compliant Telemarketing Operation
Step 1: Map Your Campaign And Audience
- Define your purpose (sales, renewals, event promotion, lead qualification, research) and your target segments.
- Decide how you’ll obtain consent (opt‑ins, web forms, order flows) and how you’ll evidence it.
- Determine whether you’ll call consumers, businesses or both-and plan your compliance approach for each.
Step 2: Subscribe To The Do Not Call Register And “Wash” Lists
- Subscribe to the Register and set a schedule to scrub your lists at appropriate intervals.
- Capture and honour opt‑out requests in real time and synchronise across all dialling systems.
Step 3: Build Compliant Scripts, Disclosures And Processes
- Draft opening scripts that meet identification requirements and include any recording consents you need.
- Train staff on how to end calls promptly when requested and how to handle vulnerable customers.
- Ensure offers and pricing statements are clear, accurate and consistent with the ACL. If you close sales by phone, have simple, plain‑English customer terms that reflect the offer.
Step 4: Set Your Policy And Governance Framework
- Adopt an internal Telemarketing Compliance Policy covering Do Not Call checks, calling windows, identification, opt‑outs and record‑keeping.
- Publish your Privacy Policy if you’re an APP entity (or choose to do so as best practice), and consider a Data Breach Response Plan.
- If you use contractors or an outsourced call centre, put a robust Contractor Agreement in place that requires compliance with all laws and your policies.
Step 5: Train, Monitor And Audit
- Provide regular training on the Standard, Do Not Call obligations and the ACL.
- Run periodic audits (spot checks of recordings, list washing logs and opt‑out lists) and fix gaps quickly.
- Keep clear records (consents, list washing dates, opt‑out logs, training attendance) to demonstrate compliance if ACMA ever asks.
What Legal Documents Will You Likely Need?
- Telemarketing Compliance Policy: An internal policy that sets the rules for your team (Do Not Call checks, call times, identification, opt‑outs, complaints handling and record‑keeping).
- Call Scripts: Standardised scripts to ensure you meet identification requirements, gain recording consent (where needed) and present offers accurately.
- Privacy Policy: If you’re an APP entity-or you choose to publish one as best practice-this explains how you collect, use and protect personal information. Consider pairing it with a concise collection notice in your capture forms.
- Customer Terms: Clear, plain‑English customer contracts for sales concluded by phone, covering inclusions, pricing, cancellations, refunds and complaints.
- Contractor Agreement: If you outsource calling, a strong Contractor Agreement should require compliance with your policies, ACMA rules and the ACL, and set out confidentiality and data‑security standards.
- Non‑Disclosure Agreement (NDA): Useful when sharing lists, scripts or strategy with third parties to protect your confidential information. See our Non‑Disclosure Agreement option.
- Data Breach Response Plan: A practical plan for containing and managing data incidents, including notification steps under the Notifiable Data Breaches scheme where applicable. You can implement a tailored Data Breach Response Plan.
Depending on your model, you may also need a privacy collection notice, website terms, and internal guidance on vulnerable customers. If you’re unsure which documents fit your operation, our team can help you scope what’s necessary and tailor them to your workflow.
Penalties And Common Pitfalls To Avoid
ACMA actively enforces the Do Not Call rules and the Standard. Consequences can include:
- infringement notices (fines) per breach,
- court‑enforceable undertakings (binding remedial actions), and
- court proceedings leading to significant penalties for serious or repeated non‑compliance.
The most common mistakes we see are calling numbers without washing lists against the Register, failing to properly identify the caller and business, calling outside permitted hours, and ignoring opt‑out requests. Another frequent issue is non‑compliant blended campaigns-particularly SMS without consent or an unsubscribe-which must comply with the Spam Act. If you plan to use SMS at any stage, it pays to sense‑check your approach with a consumer law specialist and your privacy lead.
Key Takeaways
- Telemarketing is legal in Australia, but you must follow the Do Not Call regime, the 2017 Industry Standard and the Australian Consumer Law; the Spam Act applies to SMS/MMS and email rather than voice calls.
- Wash your lists against the Do Not Call Register, call only during permitted hours, identify yourself clearly and respect opt‑out requests immediately.
- Consent (express or inferred) is central-keep records of how you obtained it, and maintain an internal “do not call” list to prevent repeat contacts.
- If you’re an APP entity, publish and follow a compliant Privacy Policy; even if not required, adopting clear privacy practices is smart business.
- Put the right documents in place-call scripts, a Telemarketing Compliance Policy, customer terms, a Contractor Agreement, and a Data Breach Response Plan-to manage risk and demonstrate compliance.
- If you also use SMS or email in your campaigns, ensure your electronic messages meet Spam Act requirements (consent, sender identification and unsubscribe).
If you would like a consultation about telemarketing compliance or any other legal aspect of your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
