AI Calling Laws in Australia: What Businesses Must Know
AI Calling Laws in Australia: What Businesses Must Know
V
Voxworks Team
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If you're a business thinking about making AI calls in Australia, you're stepping into a regulatory framework that's more complex than most business owners realise.
Multiple laws govern when you can call, who you can contact, what you must disclose, and how you handle data. The penalties for getting it wrong are severe and could impact your reputation.
Here's What Applies to AI Calls in Australia
AI calling in Australia falls under the Telecommunications Act 1997, Spam Act 2003, Do Not Call Register Act 2006, industry standards for calling hours and identification, plus the Privacy Act 1988. There are also state-level laws governing automated calls within certain jurisdictions, including the Surveillance Act 1997.
Let's break down what each one means for running AI calls in Australia.
The Five Laws You Can't Ignore
1. The Telecommunications Act 1997
This is the foundation. It establishes ACMA (Australian Communications and Media Authority) and sets out general requirements for telecommunications services.
What it means for you:
ACMA oversees telecommunications compliance
Enables subsidiary regulations that directly affect AI calling
Provides the framework for consumer protection
Creates the enforcement mechanisms
2. The Spam Act 2003
Note this covers more than just email or SMS and also applies to certain types of automated calls.
What's covered:
Telemarketing calls using automated systems
Pre-recorded commercial messages
AI-generated voice communications
What you must do:
Get consent before sending commercial electronic messages
Clearly identify who's sending the message
Provide a functional opt-out mechanism
Honor opt-out requests within 5 business days
What this looks like in practice: If you're making AI calls in Australia for marketing, you need documented consent before the first call. "But they gave us their number" isn't enough. You need evidence they consented to receive calls from you.
3. The Do Not Call Register Act 2006
This establishes Australia's national Do Not Call Register. Over 11 million numbers are registered (roughly 40% of Australian phone numbers).
What you must do:
Check your call list against the Register before calling
Remove any numbers found on the Register
Re-check at least every 30 days
Maintain records of this "washing" process
Exemptions exist, but they're narrow:
Previous purchase within 18 months
Enquiry within 3 months
Must be related to that relationship
This article explains exactly how to integrate DNC checking into your AI calling workflow.
4. The Telecommunications (Telemarketing and Research Calls) Industry Standard 2017
Telemarketing and outbound cold calling is legal in Australia and can be a great communication channel for marketing your products when done correctly. However, telemarketing calls need to meet regulatory standards to ensure contacted parties are fully informed and have the ability to opt-out from fielding marketing calls on their personal phone. The Telecommunications (Telemarketing and Research Calls) Industry Standard 2017 sets detailed rules for how and when you can call, including strict guidelines on transparent disclosure.
Calling hours you must follow:
Weekdays: 9am to 8pm (local time where the number is)
Saturdays: 9am to 5pm
Sundays and public holidays: Don't call
The Voxworks Advantage: Our platform automatically schedules outbound calls within permitted windows, ensuring you never accidentally ring a dinner table at 8:30 PM
Caller identification requirements:
Provide your name and the business name you represent
Provide a contact number for your business
The number you display must actually accept incoming calls
The Voxworks Advantage: Our platform lets you set an inbound call script for numbers you use to conduct outbound calls, with instant contact recognition based on phone number lookup, ensuring the conversation can continue as normal when the contact returns a missed call.
Call conduct:
State the purpose of your call immediately
End the call right away if requested
Remove the number from your list if requested
The Voxworks Advantage: Call scripts can be configured to recognise contacts requests to end a call at any point in the conversation.
5. The Privacy Act 1988
This governs how you handle personal information collected during calls.
Generally allowed based on existing business relationship
Must be reasonably expected by the recipient
Still need to follow calling hours and identification rules
For debt collection:
Additional regulations under ASIC and ACCC guidelines apply
Can't harass or coerce
Must identify yourself and purpose immediately
Do Not Call Register: How It Works
Your AI calling system must:
Integrate with DNC Register checking
Automatically exclude registered numbers
Maintain wash records proving compliance
Update lists at least every 30 days
Exemptions exist for existing customer relationships, charities, educational institutions, political parties, and government bodies, but they're narrower than most people think.
Disclosure: What You Must Tell People
Your AI should disclose:
That it's an AI/automated system
The business name making the call
The purpose of the call
How to speak to a human if preferred
How to opt out of future calls
While not every regulation explicitly requires all of these, disclosure is:
Required in specific circumstances
Best practice for maintaining trust
Recording Calls: State-by-State Requirements
Call recording in Australia varies by state:
Most states:
One-party consent is sufficient
At least one person on the call must know it's being recorded
Victoria and Queensland:
All-party consent required for private conversations
You need to tell the other person they're being recorded
What your AI must do:
Disclose that recording is occurring
Get appropriate consent for each jurisdiction
Store recordings securely
Provide access rights for individuals
If you're making AI calls in Australia nationwide, design call scripts for the strictest standard (all-party consent) rather than a dynamic approach based on the contact location.
The Penalties for Getting This Wrong
Spam Act Violations
Corporations: Up to $2.22 million per day
Individuals: Up to $444,000 per day
Infringement notices: Up to $13,320 per contravention
Do Not Call Register Violations
Corporations: Up to $2.78 million per contravention
Individuals: Up to $555,000 per contravention
ACMA can also accept enforceable undertakings
Privacy Act Violations
Serious/repeated breaches: Up to $50 million or 30% of turnover
Individual penalties: Up to $2.5 million
Reputational Damage
Beyond the fines, there's:
Media coverage and brand damage
Customer trust erosion
Operational disruption during investigations
Executive time diverted to compliance
Building a Compliant AI Calling System
Technical Requirements
Consent management:
Database tracking consent status for every contact
Integration with registration and opt-out systems
Audit trail of how you acquired consent
DNC integration:
Automated Register checking before calls
Real-time exclusion of registered numbers
Documentation of your wash process
Calling hour enforcement:
Timezone-aware scheduling
Public holiday calendar integration
Automatic queue management
Recording compliance:
Configurable by jurisdiction
Disclosure scripts before recording starts
Secure storage with access controls
Operational Requirements
Staff training:
Understanding applicable regulations
Escalation procedures for complaints
Documentation requirements
Monitoring and audit:
Regular compliance reviews
Call sampling and quality assurance
Documentation retention
Complaint handling:
Clear process for receiving complaints
Timely investigation and response
Recording and trend analysis
How Voxworks Handles Compliance for AI Calls in Australia
We built Voxworks specifically for Australian requirements:
Do Not Call Register:
Integrated DNC checking
Automatic list washing
Compliance documentation
Calling hours:
Timezone-aware scheduling
Public holiday recognition
Configurable calling windows
Disclosure:
Customizable disclosure scripts
AI identification options
Built-in opt-out mechanisms
Recording:
Jurisdiction-aware consent collection
Secure Australian-based storage
Access controls and audit trails
Consent management:
Contact status tracking
Opt-out processing
Compliance reporting
It's built into the platform because we understand what's required for AI calls in Australia. Notwithstanding our inbuilt safeguards, the obligation is on the caller to understand the rules in particular with regards to outbound calling.
Your AI Calls in Australia Must Meet Australian Standards
AI calls in Australia are subject to a comprehensive regulatory framework covering consent, timing, identification, data handling, and more.
Compliance requires:
Understanding which regulations apply to your specific use case
Implementing technical controls to enforce requirements
Maintaining operational procedures and documentation
Monitoring for regulatory changes
The penalties for non-compliance are substantial. But the requirements are completely achievable with proper planning and the right platform.
That's why we built Australian regulatory compliance into the Voxworks platform from day one.
Need AI calling that's compliant with Australian law? Voxworks is built for local requirements. Start your free trial at voxworks.ai.
