Fax Marketing Legislation

Fax Marketing Legislation and your obligations


Faxem provide fax broadcast services to distribute your fax marketing and/or updates. Our service provides features and tools to help your business be compliant with the fax marketing legislation.


In 2010 and 2011 the Government introduced legislation which affects who, when and how marketing faxes are sent. See What is Fax Marketing below.


Do Not Call Register Act 2006


In May 2010 the Government introduced fax marketing to the Do Not Call Register, which means if you are sending marketing faxes to recipients, other than customers or people your business has permission to send to, you need to ‘Wash’ your fax lists against the Do Not Call Register prior to fax sending. See What are the exemptions to the Do Not Call Register below.


See the Australian Communications and Media Authority (ACMA) Do Not Call Register website for an overview, washing requirements, frequency and further details.


Here is an overview of subscriptions


To wash your fax lists you can either manage directly via the ACMA or Faxem can manage this service for you via the ACMA Do Not Call Register, contact us for a Fax List Wash quote.


Fax Marketing Industry Standard 2011


In May 2011, the Government introduced the Fax Marketing Industry Standard 2011, which sets rules about when and how fax marketers can contact people.



All businesses and exempt organisations sending ‘marketing faxes’ must ensure they are compliant with the requirements under this industry standard. It includes requirements for:

  • When marketing faxes cannot be sent
  • Information that must be provided on the marketing fax
  • An opt-out facility
  • Limiting the number of marketing faxes that can be sent to a number over a particular period.

See the Fax Marketing Industry Standard 2011 - Overview for more details.


The Faxem Fax Broadcast service provides a range of features to help ensure DIY service users are compliant, for example:

  • Free fax header line insert (to insert the mandatory: ‘the destination number that the fax is intended to be sent to’
  • Free Customer Blocklist function - allowing you can upload your own ‘blocklist’ if required
  • Free Schedule Fax function - to schedule jobs to send within the ‘permitted’ times

For more details contact us.



What is Fax Marketing?

According to the Australian Communications and Media Authority (ACMA), fax marketing is the act of contacting consumers via fax, to offer, sell, advertise or promote goods or services.


Marketing faxes may include:

  • faxes offering to sell goods or services
  • faxes to sell tickets in a competition
  • faxes requesting the recipient to attend an information seminar
  • faxes offering to sell land or an interest in land, or a business or investment opportunity
  • customer satisfaction faxes that have the intention to solicit sales
  • faxes that offer free goods as part of, or in conjunction with, overall sales campaigns
  • faxes for credit arrangements
  • faxes offering anything for "free" that is conditional on expenditure
  • faxes for the purpose of determining whether or not further marketing faxes from the organisation are welcome
  • faxes offering free use of a product for a set period with an option for financial subscription/purchase afterwards, and
  • faxes to solicit donations.

What are the exceptions to the Do Not Call Register?

Fax marketers must wash their lists against the Do Not Call Register, unless they fall under the listed exemptions.


According to the ACMA, under the Do Not Call Register legislation, exemptions include:

  • Where individuals have agreed or requested to receive calls or faxes. This is express consent and only lasts for 3 months unless specified for a different period. Consent can be terminated at any time.
  • Where individuals have an established business relationship with an organisation and consent can be reasonably inferred from that relationship. For example, it would be reasonable for an individual to expect a call from the bank they have a current account with or their electricity supplier. This is inferred consent and it can be terminated at any time.
  • Public interest calls or faxes including calls or faxes from
  • charities or charitable institutions
  • educational institutions
  • religious organisations
  • government bodies
  • registered political parties
  • independent members of parliament
  • political candidates