Are AI Phone Calls Legal in Australia? Consent, DNCR, Recording and Spam Rules

Australian law has no separate rulebook for AI callers. The existing rules on telemarketing, recording, privacy and electronic messages apply when software does the talking, and your business stays responsible for the call.

Is calling someone who enquired different from cold calling?

Yes, and this is the most important distinction. The Do Not Call Register rules apply to "telemarketing calls": voice calls made to offer, supply, advertise or solicit goods, services, land or an interest in land, a business or investment opportunity, or donations. The Do Not Call Register's guidance for industry says certain calls are not considered telemarketing, including appointment reminders and rescheduling, and solicited calls about orders, requests or customer enquiries.

So an AI ringing someone back about the quote they asked for is in a different position from one dialling a bought list. If the call moves on to selling something else, treat it as telemarketing.

Scenario	Telemarketing rules likely?	Main things to get right
AI answers your inbound calls	No	Recording consent, privacy notice, accurate answers, escalation to a person
AI calls back a new enquiry about what they asked for	Generally no	Prompt, relevant call; recording consent; stop if they ask
AI calls past clients about a new service	Likely yes	Consent or register check, calling hours, caller ID
AI cold calls a purchased or scraped list	Yes	Register washing, consent, full industry standard; high complaint risk

When does the Do Not Call Register apply?

For telemarketing calls, numbers on the register cannot be called unless an exception applies. According to the register's industry guidance, the prohibition does not apply if:

• you washed your list against the register in the last 30 days and the number was not on it;
• the account holder or their nominee consented to the call; or
• the call was made by mistake despite reasonable precautions and due diligence.

Consent can be express or reasonably inferred from the person's conduct and relationship with you. Express consent that was not given for a set period is taken to expire three months after it was given, and if someone says they do not want calls, consent ends immediately. If you outsource calls, both the business making the call and the business that caused it must comply, which matters when an AI vendor dials for you. ACMA has also published a statement of expectations on consent for telemarketing and e-marketing.

What hours can an AI make telemarketing calls?

The Telemarketing and Research Calls Industry Standard 2017 sets calling times for telemarketing calls, unless the consumer has consented to a call at that time:

• weekdays: 9:00am to 8:00pm;
• Saturday: 9:00am to 5:00pm;
• Sunday and national public holidays: no calls.

The standard applies to telemarketing calls to Australian numbers even when the number is not on the register, and times are based on the called person's location. An enquiry that lands at 10pm can be queued until permitted hours start.

What must an AI caller say and show?

Under the same industry standard, telemarketing callers must:

• have calling line identification enabled, so a number shows;
• keep that number available for return calls for at least 30 days, where the caller can learn the employer's name, the purpose of the call and who caused it;
• provide required information during the call, including the employer's name and the purpose of the call;
• end the call immediately if asked, or if the person indicates they do not want to continue.

Build these into the agent's script and logic rather than relying on the model to remember.

Is it legal to record AI phone calls?

Recording is governed by state and territory laws, and they differ. In NSW, section 7 of the Surveillance Devices Act 2007 prohibits using a listening device to record a private conversation, with an exception where all principal parties consent, expressly or impliedly, and other limited exceptions. Other states and territories have their own legislation with different tests, so check the law where both you and the caller are located.

The practical approach is to tell people at the start of the call that it is recorded and transcribed, and to have a path for people who object, such as transferring to a person or continuing without recording. Transcripts and recordings are personal information, so they also fall under privacy obligations if your business is covered by the Privacy Act. See our Privacy Act checklist for using AI with customer data.

Do you have to tell callers they are speaking with an AI?

We have not found an Australian law that expressly requires every voice agent to announce it is an AI, so we do not claim it is mandatory. It is still the right default. The OAIC's guidance on AI products says businesses should ensure public-facing AI tools are clearly identified as such to customers. A short opening line such as "I'm the AI assistant for [business name], this call is recorded" covers identification, AI disclosure and recording notice in one sentence.

What about follow-up SMS and email?

Many voice agents send a text or email after the call. Those are commercial electronic messages under the Spam Act 2003. ACMA's spam guidance says you need consent (express, or inferred in limited circumstances), must identify your business and include contact details, and must include an unsubscribe option that is honoured within 5 working days. You cannot send an electronic message to ask for consent, and it is up to you to prove consent, so keep a record of who gave it, when and how. Our guide to automated CRM follow-up tools covers how to keep those records in your CRM.

A compliance checklist for AI voice agents

1. Classify each call type: inbound, enquiry callback, existing-client marketing or cold outreach.
2. For any telemarketing, record consent or wash numbers against the register within 30 days of calling.
3. Enforce calling hours in the dialler, using the called person's time zone.
4. Show caller ID and keep the number answerable for at least 30 days.
5. Open with your business name, the purpose of the call, AI disclosure and recording notice.
6. End the call on request and flag the contact as do-not-call automatically.
7. Check recording rules for each state you call into.
8. Send follow-up messages only with consent, sender details and a working unsubscribe.

For how this works in a real estate setting, read automating real estate qualifying calls. Wharq's voice-capable roles are listed on our services page, and if you want a second pair of eyes on your call flows, you can email us to book a workflow audit.

AI phone call compliance: frequently asked questions

Can an AI call people on the Do Not Call Register?

For telemarketing calls, only if an exception applies, such as the person's consent. Calls that are not telemarketing, such as solicited calls about a customer's own enquiry or appointment reminders, are treated differently under the register's industry guidance.

Can an AI voice agent call leads at night?

Telemarketing calls are limited to 9am to 8pm on weekdays and 9am to 5pm on Saturdays, with no calls on Sundays or national public holidays, unless the consumer consented to that time. Even for enquiry callbacks, queuing late enquiries until the morning is the safer and more courteous default.

Do we need consent to record calls in every state?

Each state and territory has its own law and the tests differ. In NSW, recording a private conversation with a listening device generally needs the consent of all principal parties. Announcing the recording at the start of every call is the practical baseline.

Who is liable if an AI vendor makes non-compliant calls for us?

The Do Not Call Register guidance says both the business making the call and the business that caused it to be made must comply. Check your contract, but do not assume liability sits only with the vendor.

Sources

1. ACMA Do Not Call Register, "Using the register" (industry overview) (accessed October 2026)
2. ACMA Do Not Call Register, "Industry standards" (accessed October 2026)
3. ACMA, "Consumer consent: expectations for businesses conducting telemarketing and e-marketing" (published July 2024)
4. NSW Legislation, "Surveillance Devices Act 2007" (s 7) (accessed October 2026)
5. OAIC, "Guidance on privacy and the use of commercially available AI products" (published 21 October 2024, updated 17 January 2025)
6. ACMA, "Avoid sending spam" (accessed October 2026)