Complaints to the ACMA
509 Complaints to the ACMA
A person may complain to the ACMA about a matter.
A complaint must be in writing.
A complaint must specify, as the respondent in respect of the complaint, the person against whom the complaint is made.
If it appears to the ACMA that:
a person wishes to make a complaint; and
the person requires assistance to formulate the complaint or to reduce it to writing;
it is the duty of the ACMA to take reasonable steps to provide appropriate assistance to the person.
If it appears to the ACMA that:
a person (the first person) wishes to make a complaint about:
a contravention of a code registered under Part 6, where the code applies to participants in a section of the telemarketing industry (within the meaning of Part 6) and deals with one or more matters relating to the telemarketing activities (within the meaning of Part 6) of those participants; or
a contravention of section 128 in relation to an industry standard, where the standard applies to participants in a section of the telemarketing industry (within the meaning of Part 6) and deals with one or more matters relating to the telemarketing activities (within the meaning of Part 6) of those participants; or
a contravention of the Do Not Call Register Act 2006 or regulations under that Act; and
the complaint relates to a voice call (within the meaning of the Do Not Call Register Act 2006) made, or attempted to be made, to an Australian number; and
the first person does not have sufficient information to identify:
the person who made, or attempted to make, the call; or
the person who caused the call to be made or attempted; and
the first person gives the ACMA such information about the call as the ACMA requires;
it is the duty of the ACMA to take reasonable steps to assist the first person to identify whichever of the following is applicable:
the person who made, or attempted to make, the call;
the person who caused the call to be made or attempted.
Subsection (5) does not limit subsection (4).
If it appears to the ACMA that:
a person (the first person) wishes to make a complaint about:
a contravention of a code registered under Part 6, where the code applies to participants in a section of the fax marketing industry (within the meaning of Part 6) and deals with one or more matters relating to the fax marketing activities (within the meaning of Part 6) of those participants; or
a contravention of section 128 in relation to an industry standard, where the standard applies to participants in a section of the fax marketing industry (within the meaning of Part 6) and deals with one or more matters relating to the fax marketing activities (within the meaning of Part 6) of those participants; or
a contravention of the Do Not Call Register Act 2006 or regulations under that Act; and
the complaint relates to a marketing fax sent, or attempted to be sent, to an Australian number; and
the first person does not have sufficient information to identify:
the person who sent, or attempted to send, the fax; or
the person who caused the fax to be sent or attempted; and
the first person gives the ACMA such information about the fax as the ACMA requires;
it is the duty of the ACMA to take reasonable steps to assist the first person to identify whichever of the following is applicable:
the person who sent, or attempted to send, the fax;
the person who caused the fax to be sent or attempted.
Subsection (7) does not limit subsection (4).
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