Australian Communications and Media Authority (International Mobile Roaming Industry Standard) Direction (No. 1) 2012

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2012L01776 In force Legislative Instrument

Legislation content

Australian Communications and Media Authority (International Mobile Roaming Industry Standard) Direction (No. 1) 2012

as amended

made under subsection 125AA(4) of the

Telecommunications Act 1997

Compilation start date:  25 May 2013

Includes amendments up to: Australian Communications and Media Authority (International Mobile Roaming Industry Standard) Direction (No. 1) 2012 (Amendment No. 1 of 2013)

About this compilation

The compiled instrument

This is a compilation of the Australian Communications and Media Authority (International Mobile Roaming Industry Standard) Direction (No. 1) 2012 as amended and in force on 25 May 2013. It includes any amendment affecting the compiled instrument to that date.

This compilation was prepared on 25 May 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provision ceasing to have effect

If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.

 

 

 

 

 

Contents

1 Name of Direction

2 Commencement

3 Cessation

4 Definitions

5 Direction

6 Matters to be covered by the Standard

Endnotes

Endnote 1—Legislation history

Endnote 2—Amendment history

Endnote 3—Uncommenced amendments [none]

Endnote 4—Misdescribed amendments [none]

 

1  Name of Direction

  This Direction is the Australian Communications and Media Authority (International Mobile Roaming Industry Standard) Direction (No. 1) 2012.

2  Commencement

  This Direction commences the day after it is registered on the Federal Register of Legislative Instruments.

3  Cessation

  This Direction ceases one day after the industry standard to be made in accordance with subclause 5(1) comes into operation.

4  Definitions

  In this Direction:

ACMA means the Australian Communications and Media Authority.

Act means the Telecommunications Act 1997.

International mobile roaming service means a carriage service that enables a mobile subscriber to automatically and seamlessly make, send, access or receive voice calls and SMS and to download and upload data when travelling abroad outside the normal coverage area without losing the connection.

SMS means short message service.

Note: By virtue of paragraph 13(1)(b) of the Legislative Instruments Act 2003, the following expressions have the same meaning as in the Act:

  • carriage service
  • carriage service provider

5  Direction

 (1) I direct the ACMA to make an industry standard under section 125AA(1) of the Act:

 (a) applying to all carriage service providers supplying international mobile roaming services (‘Providers’); and

 (b) complying with clause 6 of this Direction.

 (2) The industry standard is to be made no later than ten months after the commencement of this Direction.

 (3) The industry standard is to commence in whole or in part no later than three months after it is made.

 (4) The operation of the industry standard with respect to different locations or different services may commence at different times.

6  Matters to be covered by the Standard

 (1) The industry standard must set minimum requirements for all Providers to:

 (a) give consumers information, on arrival at an overseas destination, about the charges applicable for the Providers’ international roaming services at that destination; and

 (b) permit consumers to decline continued provision of those international roaming services, at any time, while at that overseas destination;

 (2) The industry standard may deal with any other matter:

 (a) related to international mobile roaming services that the ACMA regards as appropriate including, without limitation, measures which will enable consumers to monitor and manage the cost and their use of international roaming services; or

 (b) that the ACMA considers ancillary or incidental to a matter specified in clause 6(1) above.

 (3) Where the ACMA considers it appropriate the industry standard may override a provision in an industry code.

Note: Examples of possible measures are provided in the Explanatory Statement that accompanies this Direction.

Endnotes

 

Endnote 1—Legislation history

This endnote sets out details of the legislation history of the Australian Communications and Media Authority (International Mobile Roaming Industry Standard) Direction (No. 1) 2012.

 

Title

FRLI registration
date

Commencement
date

Application, saving and transitional provisions

Australian Communications and Media Authority (International Mobile Roaming Industry Standard) Direction (No. 1) 2012

27 Aug 2012 (see F2012L01776)

28 Aug 2012

 

Australian Communications and Media Authority (International Mobile Roaming Industry Standard) Direction (No. 1) 2012 (Amendment No. 1 of 2013)

24 May 2013 (see F2013L00844)

25 May 2013

—

 

 

Endnote 2—Amendment history

This endnote sets out the amendment history of the Australian Communications and Media Authority (International Mobile Roaming Industry Standard) Direction (No. 1) 2012.

 

ad. = added or inserted    am. = amended    rep. = repealed    rs. = repealed and substituted    exp. = expired or ceased to have effect

Provision affected

How affected

c. 5....................

am. No. 1 of 2013

 

 

Endnote 3—Uncommenced amendments [none]

There are no uncommenced amendments.

 

Endnote 4—Misdescribed amendments [none]

There are no misdescribed amendments.

 

 

Overview

The Australian Communications and Media Authority (International Mobile Roaming Industry Standard) Direction (No. 1) 2012 was enacted to address the issue of excessive and often hidden charges associated with international mobile roaming services. This legislative instrument, introduced under subsection 125AA(4) of the Telecommunications Act 1997, was created to mandate the Australian Communications and Media Authority (ACMA) to establish an industry standard aimed at protecting consumers from unfair practices in international mobile roaming services. The primary policy objective is to ensure that consumers are provided with clear and transparent information regarding charges and are given the option to opt-out of these services while travelling abroad, thereby promoting fair and responsible consumer practices within the telecommunications industry. This Direction came into effect the day after its registration on the Federal Register of Legislative Instruments and will cease to operate once the industry standard it mandates comes into force.

Scope and Application

The Australian Communications and Media Authority (International Mobile Roaming Industry Standard) Direction (No. 1) 2012, as amended, applies to all carriage service providers supplying international mobile roaming services, referred to as Providers, across Australia. The Direction, made under subsection 125AA(4) of the Telecommunications Act 1997, mandates the Australian Communications and Media Authority (ACMA) to establish an industry standard governing these services. The primary focus of the Direction is to ensure that Providers offer clear information to consumers regarding charges applicable to international roaming services upon arrival at an overseas destination, and allow consumers to opt-out of these services at any time during their stay abroad. The Direction further permits the inclusion of additional measures deemed appropriate by the ACMA, such as those enabling consumers to monitor and manage their use and costs of international roaming services. The Direction commences on the day after its registration on the Federal Register of Legislative Instruments and ceases upon the operation of the industry standard established under this Direction. This legislative instrument applies nationally, encompassing all relevant entities and services within the telecommunications sector across Australia.

Key Provisions

The Australian Communications and Media Authority (International Mobile Roaming Industry Standard) Direction (No. 1) 2012, as amended, primarily directs the ACMA to develop an industry standard for international mobile roaming services (section 5). The Direction mandates that this standard must be formulated within ten months of its commencement and must take effect no later than three months after its creation (section 5(2)-(3)). The standard must establish minimum requirements for providers, including the obligation to inform consumers of applicable charges upon arrival at an overseas destination and to allow consumers to opt-out of these services at any time during their stay abroad (section 6(1)). Furthermore, the standard may encompass additional measures deemed appropriate by the ACMA, such as enabling consumers to monitor and manage their use of international roaming services (section 6(2)). The obligations imposed on the parties by this Direction are significant. Providers of international mobile roaming services must ensure that they comply with the industry standard set by the ACMA. This includes clearly informing consumers about the charges associated with their roaming services upon arrival in a foreign country and providing a mechanism for consumers to decline these services at any point during their stay abroad (section 6(1)). Additionally, the industry standard may include provisions that require providers to implement measures facilitating cost monitoring and usage management by consumers, as deemed appropriate by the ACMA (section 6(2)). Failure to comply with the requirements set forth in the industry standard may result in various consequences. While the Direction itself does not explicitly outline specific offences, penalties, or consequences for non-compliance, such violations would likely fall under the broader regulatory framework of the Telecommunications Act 1997. Non-compliance with industry standards or directives issued under this Act could potentially lead to enforcement actions by the ACMA, including fines, public reprimands, or other administrative penalties. The exact penalties would be determined based on the severity of the breach and in accordance with the provisions of the Telecommunications Act 1997.

Legal classification tags

Area of Law
Telecommunications Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Compliance Obligations
Consumer Law

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.