The ADMA Code of Practice provides a principle-based, agile compliance framework that places consumers’ interests at its core and gives marketers the support and guidance they need to make responsible decisions about data, technology, creativity, content, and customer experience.
In addition to the ADMA Code of Practice and any Code Guidelines that are developed, various Code Resources are listed here.
These underpin the ADMA Code of Practice and assist in navigating the regulatory framework and industry environment in which ADMA’s Code operates.
These resources are divided into three areas:
For more information contact ADMA at comply@adma.com.au.
Commonwealth Regulators
- Australian Communications & Media Authority (ACMA) – oversees regulation of telecommunications, radio communications, broadcasting and the internet - http://www.acma.gov.au/
- Australian Competition & Consumer Commission (ACCC) – regulates consumer law at a national level - https://www.accc.gov.au/
- Australian Securities & Investments Commission (ASIC) - ASIC is Australia’s corporate, markets and financial services regulator (including some regulation of advertising content in the financial services sector) - http://asic.gov.au/
- Office of the Australian Information Commissioner – regulates privacy & freedom of information - http://www.oaic.gov.au/
See in particular:
OAIC privacy resources
The Office of the Australian Information Commissioner (OAIC) provides a range of resources on its website to help organisations understand their obligations under the Privacy Act 1988. A selection of key resources are provided below:
APP guidelines - outline the mandatory requirements of the APPs, how the OAIC will interpret the Australian Privacy Principles (APP), and matters the OAIC may take into account when exercising functions and powers under the Privacy Act 1998.
Privacy management framework - provides steps the OAIC expects ongoing compliance obligations under APP 1.2.to be met.
Guide to undertaking privacy impact assessments - sets out a suggested ten step process for undertaking a privacy impact assessment.
Guide to securing personal information - provides guidance on the reasonable steps entities are required to take under the Privacy Act 1988 to protect the personal information they hold from misuse, interference, loss, and from unauthorised access, modification or disclosure.
Data breach notification — A guide to handling personal information security breaches - provides general guidance when responding to a data breach involving personal information.
Sending personal information overseas – guidance to assist organisations to understand their obligations under the APPs when sending personal information overseas.
Ten tips to protect your customers’ personal information – tips to assist staff to comply with the APPs when handling their customers’ personal information.
Privacy regulatory action policy - explains the OAIC's approach to using its privacy regulatory powers and its regulatory strategy and priorities.
Key Commonwealth Legislation
Australian Securities and Investments Commission Act 2001
Broadcasting Services Act 1992
Competition & Consumer Act 2010
Privacy Act 1988
Spam Act 2003
Do Not Call Register Act 2006
Telemarketing and Research Calls Industry Standard 2007
Telecommunications Act 1997
Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015
Current Commonwealth legislation can be found in the Federal Register of Legislation at https://www.legislation.gov.au/
Please note: Marketing and advertising related regulatory provisions can be specific to certain industry sectors (for example, financial services, telecommunications) or may be content or channel specific (for example, broadcasting).
State & Territory Regulators
Queensland
Office of Fair Trading - www.qld.gov.au/law/fair-trading
Queensland Government - Competitions, raffles, bingo and other charitable games
https://www.business.qld.gov.au/industry/liquor-gaming/gaming/not-profit-charitable/competitions-raffles-bingo
New South Wales
NSW Fair Trading - www.fairtrading.nsw.gov.au/ftw/home.page
Liquor & Gaming NSW - Trade Promotion Lotteries
www.liquorandgaming.justice.nsw.gov.au
Australian Capital Territory
Fair Trading - www.accesscanberra.act.gov.au/app/answers/detail/a_id/2269/session
Gambling and Racing Commission – Trade Promotion Lotteries
www.gamblingandracing.act.gov.au/gambling/lotteries/trade-promotions
Victoria
Consumer Affairs Victoria - www.consumer.vic.gov.au/
Victorian Commission for Gambling and Liquor Regulation (VCGLR) – Trade Promotion Lotteries
www.vcglr.vic.gov.au/home/gambling/new+applicants/trade+promotion+lottery/
Tasmania
Consumer Affairs and Fair Trading - www.consumer.tas.gov.au/
Department of Treasury and Finance - Trade Promotion Lotteries
www.treasury.tas.gov.au/domino/dtf/dtf.nsf/alls-v/7EBA19F06132DC33CA257D8200177241
South Australia
Consumer and Business Services - www.cbs.sa.gov.au/consumers/business-advice/
Consumer and Business Services – Trade Promotion Lotteries
www.cbs.sa.gov.au/licensing-and-registration/lotteries/
Western Australia
Department of Commerce - www.commerce.wa.gov.au/consumer-protection
Department of Gaming, Racing and Liquor – Trade Promotion Lotteries
www.rgl.wa.gov.au/gaming/applications/forms-and-apps
Northern Territory
Consumer Affairs - www.consumeraffairs.nt.gov.au/Pages/default.aspx
Licensing NT – Trade Promotion Lotteries
nt.gov.au/industry/gambling/lotteries-community-gambling/apply-to-run-a-trade-lottery
Please note: Marketing and advertising related regulatory provisions can be specific to certain industry sectors (for example, financial services, telecommunications) or may be content or channel specific (for example, broadcasting).
Other Codes:
In addition to the ADMA Code, there are additional Codes of Practice that provide self-regulatory guidance for the advertising industry. The Australian Association of National Advertisers (AANA) have created codes of conduct and community standards relating to the content of advertising. The Complaints under the AANA Codes are adjudicated by the independent Advertising Standards Board.
Information is accurate at the time of publication