Explanatory Statement
Issued by the Authority of the Minister for Communications
Telecommunications (Consumer Protection and Service Standards) Act 1999
Telecommunications Amendment (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2026
Purpose and Operation
The Telecommunications Amendment (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2026 (the Amendment Instrument) extends the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2023 (the CSG benchmarks) for a further period of three years.
This maintains minimum performance benchmarks obligations that are part of the current Customer Service Guarantee (CSG) framework. This decision follows a consultation process on extending several existing instruments which form part of the CSG framework, which includes CSG benchmarks.
The CSG benchmarks set minimum performance benchmarks in relation to compliance by qualifying carriage service providers (CSPs) with retail performance standards set out in the Telecommunications (Customer Service Guarantee) Standard 2023 (the CSG Standard). The Australian Communications and Media Authority (ACMA) is responsible for monitoring and enforcing compliance with the CSG benchmarks.
Details of the instrument are set out in Attachment A.
Background
The CSG benchmarks work in conjunction with the CSG Standard, a long-standing retail consumer protection safeguard that provides connection, repair and appointment timeframes for fixed voice services, and scope for per consumer compensation.
A number of CSG instruments, including the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011, were subject to a thematic review in 2023 under sunsetting arrangements. Following that, the-then Minister for Communications determined to continue CSG arrangements by issuing a ministerial direction to the ACMA to remake the CSG Standard. Following that, the 2023 CSG benchmarks were also remade to replace the previous 2011 CSG benchmarks, with minor changes. The 2023 instruments included self-repeal mechanisms to take effect in August 2026.
A public consultation process was held in March 2026 to seek views on extending the CSG instruments and to provide opportunities for stakeholders to suggest any additional amendments. See further details below.
Authority
The Amendment Instrument is made under subsection 117B(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and in reliance on subsection 33(3) of the Acts Interpretation Act 1901. That provision provides that where an Act confers a power to make, grant or issue any instrument the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
The Amendment Instrument is a legislative instrument for the purpose of the Legislation Act 2003 and subject to disallowance and sunsetting in the usual way.
Consultation
On behalf of the Minister for Communications, the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (the Department) consulted from 12-27 March 2026 on extending the existing CSG instruments, including the CSG benchmarks, for a further three years. The Department received six submissions, including from industry, consumer groups, and the Telecommunications Industry Ombudsman (TIO). The submissions broadly agreed that the CSG framework should be extended, with the majority of submissions supporting a three-year extension.
Not all submissions commented on the CSG benchmarks directly, but a few raised some refinements that could be considered to the CSG benchmarks in the short term. However, all submissions concurred that there would be merit in the Government considering larger-scale reform to the scope and operation of the CSG and other related safeguards. In light of those broader concerns, the Government has decided to provide continuity for consumers by extending existing arrangements for a further three years, while it further considers the range of feedback received.
The ACMA was also consulted on the proposal given its role in enforcing compliance with the CSG framework, including the CSG benchmarks.
Statement of Compatibility with Human Rights
A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment B.
Attachment A
Details of the Telecommunications Amendment (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2026
Section 1 – Name of Instrument
This section provides that the name of the instrument is the Telecommunications Amendment (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2026.
Section 2 – Commencement
This section provides for the instrument to commence on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the instrument is made under subsection 117B(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and in reliance on subsection 33(3) of the Acts Interpretation Act 1901. A note accompanies section 3 to remind readers of the effect of subsection 33(3).
Section 4 – Schedules
This section provides that each instrument specified in the Schedule is amended or repealed as set out in the applicable item in the Schedule concerned, and that any other item in a Schedule to the instrument has effect according to its terms.
SCHEDULE 1 – AMENDMENTS
Item 1 of Schedule 1 repeals the existing section 7 of the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2023 and substitutes a revised section. The new section 7 aligns the repeal date of the CSG benchmarks to the repeal or cessation of the CSG Standard.
The Telecommunications Amendment (Customer Service Guarantee) Direction 2026 directs ACMA to extend the repeal date of the CSG Standard to 31 August 2029. Accordingly, this will have the effect of extending the operation of the CSG benchmarks until 31 August 2029.
Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Telecommunications Amendment (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2026
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Telecommunications Amendment (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2026 (the Amendment Instrument) will modify the repeal date to ensure the existing obligations under the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2023 (the CSG benchmarks) continue for a further period of three years. The change is mechanical in nature.
The CSG benchmarks set minimum performance benchmarks in relation to compliance by qualifying carriage service providers (CSPs) with retail performance standards. These are currently set out in the Telecommunications (Customer Service Guarantee) Standard 2023 (the CSG Standard).
The Australian Communications and Media Authority is responsible for monitoring and enforcing compliance with the CSG standard and benchmarks.
Human rights implications
The Amendment Instrument does not directly engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights as it does not raise any human rights issues.
The Hon Anika Wells MP
Minister for Communications