{"id":"F2017L00237","name":"Do Not Call Register Regulations 2017","slug":"do-not-call-register-regulations-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439137,"registerId":"F2017L00237-fast-fetch-1775955260874","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Do Not Call Register Regulations 2017","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nDo Not Call Register Regulations 2017\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 09 March 2017\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nMitch Fifield\n\nMinister for Communications\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\nPart 2—Do Not Call Register\n\n6 Calls that are not telemarketing calls\n\n7 Deemed nominees\n\nSchedule 1—Repeals\n\nDo Not Call Register Regulations 2006\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Do Not Call Register Regulations 2017.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 17 March 2017\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Do Not Call Register Act 2006.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) Australian number;\n\n(b) goods;\n\n(c) relevant account‑holder;\n\n(d) services;\n\n(e) supply;\n\n(f) telemarketing call;\n\n(g) voice call.\n\n  In this instrument:\n\nAct means the Do Not Call Register Act 2006.\n\nPart 2—Do Not Call Register\n\n \n\n6  Calls that are not telemarketing calls\n\n (1) For the purposes of subsection 5(7) of the Act, this section specifies kinds of voice calls that are not telemarketing calls.\n\nNote: This section sets out circumstances in which the primary purpose of a voice call means that the call is not a telemarketing call, even if another purpose of the call is a purpose referred to in any of paragraphs 5(1)(e) to (o) of the Act.\n\nProduct recall calls\n\n (2) A voice call is not a telemarketing call if the primary purpose of the call is to inform a person who has bought or otherwise obtained goods that the goods have been recalled.\n\nExample: A recall of a particular model of car is necessary due to a widespread mechanical problem. The manufacturer contacts dealers to obtain buyer records and phone buyers. The manufacturer calls the numbers provided by the dealers and, during the conversation, offers alternative goods.\n\nFault rectification calls\n\n (3) A voice call is not a telemarketing call if the primary purpose of the call is:\n\n (a) to inform a customer of a fault with goods or a service; or\n\n (b) to attempt to rectify a fault with goods or a service; or\n\n (c) to inform a customer that a fault with goods or a service has been rectified.\n\nExample 1: A power outage has led to a failure in a broadband service. Continuing attempts by subscribers to access the broadband service are making it difficult for the provider to fix the problem. The provider therefore calls a customer to ask them not to try to access the broadband service, and during the conversation the customer seeks information on alternative products.\n\nExample 2: An electricity retailer calls a customer to inform the customer that there is a fault with the customer’s electricity service. During the conversation, the electricity retailer discusses with the customer the financial benefits of bundling other services.\n\nExample 3: After rectifying a fault, a broadband provider rings a customer to tell the customer that the fault has been rectified. During the conversation, the provider offers a discounted product.\n\nAppointment rescheduling calls\n\n (4) A voice call is not a telemarketing call if the primary purpose of the call is to reschedule a customer’s appointment.\n\nExample: A dental surgery rings a customer to ask if an appointment might be rescheduled. During the conversation, the customer is offered a discount on the treatment.\n\nAppointment reminder calls\n\n (5) A voice call is not a telemarketing call if the primary purpose of the call is to remind a person of an existing appointment.\n\nExample: A hairdressing salon rings a customer to remind the customer of the customer’s appointment. During the conversation, the customer is told about a promotion of a new hair product.\n\nCalls relating to payments\n\n (6) A voice call is not a telemarketing call if the primary purpose of the call relates to payment for goods or services ordered by, requested by or supplied to a customer.\n\nExample 1: A gas retailer rings a customer to ask for payment of the customer’s overdue bill. During the conversation, the gas retailer discusses bundling the customer’s services with the customer.\n\nExample 2: A bank calls a customer who has an overdrawn account. During the conversation, the bank suggests an alternative product.\n\nExample 3: An electricity retailer rings a customer to inform the customer about alternative payment options because the customer is having problems paying a bill.\n\nSolicited calls\n\n (7) A voice call is not a telemarketing call if:\n\n (a) the call is made in response to:\n\n (i) an order or request by a customer or potential customer for goods or services; or\n\n (ii) an inquiry or request by a customer or potential customer for information about goods or services; and\n\n (b) the primary purpose of the call is in relation to the inquiry, order or request; and\n\n (c) the customer or potential customer has not withdrawn the inquiry, order or request; and\n\n (d) the call is made within a reasonable time after the inquiry, order or request.\n\nExample 1: A shoe repair store rings a customer to tell the customer that the shoes are ready to be picked up. The customer is provided with information about the nature of the repairs which were made to the shoes.\n\nExample 2: A mechanic rings a customer to advise of the cost of repairs to the customer’s car and to seek permission to continue with the repairs.\n\nExample 3: A customer rings an internet service provider to complain that the customer’s service is not working. The following day, the internet service provider makes a follow‑up call to the customer to ask if the customer is still having difficulties. During the conversation, the internet service provider discusses alternative products offered by the internet service provider.\n\nExample 4: A furniture store rings a customer who has ordered a sofa to organise delivery of the furniture.\n\nExample 5: A person fills in an online form, on a website relating to mortgage products, requesting more information. A mortgage broker then responds to the information request by phoning the person to discuss the mortgage products.\n\nExample 6: A health club sets up a stall in a local shopping mall, and a person provides a telephone number as the person is interested in joining the club and finding out further information about the club’s services. The club then follows up with the person by telephoning him or her at the number supplied.\n\nExample 7: A person fills in an application form (e.g. an application for a loan or insurance) and a call is made to confirm details provided on the application form.\n\nCalls not answered by the person to whom the call is made\n\n (8) To avoid doubt, the primary purpose of a voice call for the purposes of this section is the primary purpose for which the call is made, even if that purpose is not able to be fulfilled because the call is not answered by the intended recipient.\n\n7  Deemed nominees\n\n (1) This section applies if:\n\n (a) an individual (or another person acting on behalf of the individual) gives an Australian number to a person or organisation for the purpose of allowing the person or organisation to contact the individual; and\n\n (b) the individual is not the relevant account‑holder in relation to the Australian number.\n\n (2) For the purposes of subsection 39(4) of the Act, the individual is taken to be a nominee of the relevant account‑holder for the purposes of giving consent to:\n\n (a) the person or organisation making a call, or sending a fax, to the Australian number to contact the individual; or\n\n (b) the person or organisation arranging for another person to make a call, or send a fax, to the Australian number to contact the individual on behalf of the person or organisation.\n\nExample 1: An individual provides another person’s telephone number as a contact telephone number to a bank on a loan application form. The individual is a deemed nominee of the other person for the purpose of consenting to the bank calling that number to contact the individual.\n\nExample 2: An individual asks a retailer to contact them on another person’s telephone number about a particular product. The individual is a deemed nominee of the other person for the purpose of consenting to the retailer calling that number to contact the individual. The individual would still be a deemed nominee if the number were passed to an organisation that performed customer service functions on behalf of the retailer.\n\nExample 3: A married couple resides with one spouse’s parents, who are the relevant account‑holders for an Australian number. The spouse gives the number to a bank for the bank to call either member of the couple about a home loan. That spouse is a deemed nominee for the purpose of consenting to the bank calling that number to contact either member of the couple.\n\nNote: This section provides for an individual to be taken to be a nominee only for the purpose of giving consent to a person or organisation making a call, or sending a fax, to contact the individual, and not for the purpose of applying under section 15 of the Act for an Australian number to be entered on the Do Not Call Register.\n\nSchedule 1—Repeals\n\n \n\nDo Not Call Register Regulations 2006\n\n1  The whole of the Regulations\n\nRepeal the Regulations.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument repeals the Do Not Call Register Regulations 2006 (Schedule 1) and replaces the subordinate rules with the current text, expressly setting out categories of voice calls that are not telemarketing and a deemed‑nominee rule (ss 6–7). The instrument thus changes the regulatory instrument in form; it does not, by itself, state whether coverage is materially broader or narrower than the 2006 Regulations — that requires a side‑by‑side comparison."},"complexity_factors":["Uses a subjective 'primary purpose' test (s 6(1) and s 6(8)) that requires factual inquiry to classify calls.","Enumerates multiple, fact‑sensitive exceptions (product recalls, fault rectification, appointments, payments, solicited calls) with illustrative examples that inform but do not strictly define boundaries (s 6(2)–(7)).","Introduces 'deemed nominee' consent for numbers given by individuals who are not account‑holders, creating evidentiary and privacy implications (s 7) and cross‑refers to subsection 39(4) of the Act.","Relies on definitions and thresholds contained in the primary statute (Act) rather than restating them, so users must read both instruments.","Repeals the prior subordinate instrument (Schedule 1), so assessing practical change requires comparison with the 2006 Regulations."],"plain_english_summary":"This regulation specifies which voice calls are NOT treated as telemarketing under the Do Not Call Register Act and clarifies when a person who gives another’s Australian number is treated as having consented to calls to that number. It lists non‑telemarketing categories (for example, product recalls; fault rectification; appointment reminders/rescheduling; payment‑related and solicited follow‑ups) and creates a deemed‑nominee rule. It mainly affects organisations that place customer calls (compliance and evidentiary risk) and individuals whose numbers are shared."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations maintain their original narrow purpose: operationalising the Do Not Call Register Act by specifying exempt call types and nominee rules. The 2017 version appears to be a straightforward re-enactment/replacement of the 2006 Regulations without scope creep."},"complexity_factors":["Short instrument: only 7 substantive sections plus preliminary provisions","Minimal defined terms: only one definition ('Act'), with others incorporated by reference from the parent Act","Simple structure: clear categorical exemptions in section 6 with plain English examples","Single cross-reference mechanism: operates under and references the Do Not Call Register Act 2006 without complex interplay","No nested exceptions or conditional logic beyond basic 'primary purpose' test","Straightforward repeal mechanism in Schedule 1"],"plain_english_summary":"These regulations clarify how Australia's Do Not Call Register treats customer-focused calls: if the call’s primary purpose is legitimate (for example recalls, service faults, appointments, payment chasing, or responding to a customer request), it isn’t treated as telemarketing. They also create a “deemed nominee” rule that treats an alternate number you provide as consenting contact.\n\nThe rules give consumers protection from nuisance marketing while providing businesses safe harbours for routine customer communications."}},"importantCases":[],"_links":{"self":"/api/acts/do-not-call-register-regulations-2017","history":"/api/acts/do-not-call-register-regulations-2017/history","analysis":"/api/acts/do-not-call-register-regulations-2017/analysis","conflicts":"/api/acts/do-not-call-register-regulations-2017/conflicts","importantCases":"/api/acts/do-not-call-register-regulations-2017/important-cases","documents":"/api/acts/do-not-call-register-regulations-2017/documents"}}