Telecommunications (Fax Marketing) Industry Standard 2021 (Cth)

Telecommunications (Fax Marketing) Industry Standard 2021

The Australian Communications and Media Authority makes the following industry standard under subsection 125B(1) of the Telecommunications Act 1997.

Dated: 26 August 2021 Nerida O'Loughlin [signed] Member

Chris Jose [signed] Member/General Manager

Australian Communications and Media Authority

Contents 1 Name 2 Commencement 3 Authority 4 Repeal of the Fax Marketing Industry Standard 2011 5 Definitions 6 References to other instruments 7 Persons to whom this industry standard applies 8 Prohibited times for the sending of faxes 9 Provision of information within a fax 10 Providing fax recipients with facility to opt out from receiving further faxes 11 Limit on number of faxes to be sent to a recipient in a period 12 Operation of State and Territory laws

1 Name This is the Telecommunications (Fax Marketing) Industry Standard 2021.

2 Commencement This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

3 Authority This instrument is made under subsection 125B(1) of the Telecommunications Act 1997.

4 Repeal of the Fax Marketing Industry Standard 2011 The Fax Marketing Industry Standard 2011 (F2011L00668) is repealed.

5 Definitions In this instrument: ACMA means the Australian Communications and Media Authority.

Act means the Telecommunications Act 1997.

Australian number has the meaning given by section 4 of the Do Not Call Register Act 2006.

consent has the same meaning as in Schedule 2 to the Do Not Call Register Act 2006.

fax means a marketing fax. fax advertiser means a participant in a section of the fax marketing industry that authorises the sending of a marketing fax for at least one of the following purposes: (a) marketing, advertising or promoting goods or services, where the participant is the supplier or prospective supplier of the goods or services; (b) advertising or promoting a supplier or prospective supplier of goods or services, where the participant is the supplier or prospective supplier of the goods or services; (c) marketing, advertising, or promoting land or interests in land, where the participant is the supplier or prospective supplier of the land or interests in land; (d) advertising or promoting a supplier or prospective supplier of land or interests in land, where the participant is the supplier or prospective supplier of the land or interests in land; (e) marketing, advertising, or promoting business opportunities or investment opportunities, where the participant is the provider, or prospective provider, of the business opportunities or investment opportunities; (f) advertising or promoting a provider, or prospective provider, of business opportunities or investment opportunities, where the participant is the provider or prospective provider of the business opportunities or investment opportunities; (g) soliciting donations; (h) conducting opinion polling; or (i) carrying out standard questionnaire-based research. Note For example, if an entity seeks to promote a new product it has created and authorises another entity to send, or cause to be sent, marketing faxes promoting its new product, the first entity will be the fax advertiser. If an entity seeks to promote a new product it has created and sends a marketing fax promoting its own new product, the entity will be taken to be both the sender and the fax advertiser for the relevant marketing fax.