Competition and Consumer (Scams Prevention Framework—Code) Delegations 2026

Overview

The Competition and Consumer (Scams Prevention Framework—Code) Delegations 2026 were enacted to facilitate the delegation of specific powers to the Communications Minister for the purpose of creating a code aimed at preventing scams within the telecommunications sector. This notifiable instrument was introduced to address the need for streamlined and effective regulatory measures against scams, particularly in sectors that are heavily regulated. It was enacted by the Assistant Treasurer and Minister for Financial Services, Daniel Mulino, and is grounded in the authority provided by section 58CD of the Competition and Consumer Act 2010. The policy objective is to enhance the regulatory framework for scam prevention by delegating the relevant power to a Minister specifically administering the Telecommunications Act 1997, thereby ensuring that the regulatory measures are both precise and effective within the designated sector.

Scope and Application

The Competition and Consumer (Scams Prevention Framework—Code) Delegations 2026 outlines the delegation of powers under section 58CD of the Competition and Consumer Act 2010. This instrument specifically delegates the power to the Communications Minister to make a code for the telecommunications sector under section 58CB of the Act. The delegation is effective from the later of the day after the instrument is registered and the commencement of the Competition and Consumer (Scams Prevention Framework—Regulated Sectors) Designation 2026, provided the latter event occurs. The instrument applies to the Communications Minister and the designated telecommunications sector as defined in the Competition and Consumer Act 2010 and the Telecommunications Act 1997. The instrument does not specify any exclusions, exemptions, or thresholds, and its application may be extended or restricted through subordinate instruments made under the authority of the Act.

Key Provisions

The Competition and Consumer (Scams Prevention Framework—Code) Delegations 2026 (section 1) sets forth the delegation of powers related to the Scams Prevention Framework (SPF) for the telecommunications sector, specifically the authority to make codes aimed at preventing scams. This instrument is a notifiable instrument, which means it is subject to the notification requirements set out in the Legislation Act 2003. The commencement of the instrument is governed by section 2, which stipulates that the provisions will come into effect on the later of the day after the instrument is registered, or immediately after the commencement of the Competition and Consumer (Scams Prevention Framework—Regulated Sectors) Designation 2026, provided that the latter event occurs. If the designated sectors are not designated, the instrument will not come into effect at all. The delegations outlined in section 5 transfer the Minister's authority under section 58CB of the Competition and Consumer Act 2010 to the Communications Minister. This delegation specifically pertains to the creation of codes for the telecommunications sector, as per section 58CD of the Act. The intent is to empower the Communications Minister to enact measures that will help prevent scams within the telecommunications sector, thereby ensuring that consumers are protected from fraudulent activities. Entities governed by this Act, primarily the Communications Minister, have specific obligations. They are required to exercise the delegated powers responsibly and in accordance with the provisions of the Competition and Consumer Act 2010. This includes developing, promulgating, and enforcing codes that aim to mitigate scam activities within the telecommunications sector. The Minister must also ensure that these codes are effective, practical, and aligned with the overarching goals of the Scams Prevention Framework. Failure to comply with the provisions of this Act may result in civil or criminal penalties. Although the specific penalties are not detailed within the instrument itself, they would be outlined in the Competition and Consumer Act 2010 or other relevant legislation. These penalties can include fines, legal action, or other corrective measures to ensure adherence to the regulatory framework designed to protect consumers from scams. The severity of the penalties would depend on the nature and extent of the breach, as well as any mitigating or aggravating factors.