Telecommunications Amendment Regulation 2012 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2012L01876 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2012 No. 216

 

Issued by the Authority of the Minister for Broadband, Communications

and the Digital Economy

 

Telecommunications Act 1997

 

 Telecommunications Amendment Regulation 2012 (No. 1)

 

 

Subsection 594(1) of the Telecommunications Act 1997 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted to be prescribed by the Act, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

The Act provides the Australian Communications and Media Authority (ACMA) with the ability to make service provider determinations.  Specifically, under subsection 99(1) of the Act, the ACMA may make service provider determinations in relation to specified carriage services or specified content services.  Under subsection 99(3), the ACMA can only make service provider determinations in relation to matters specified in the regulations or in section 346 of the Act (which relates to designated disaster plans).  

 

The Amending Regulation will amend the Telecommunications Regulations 2001 (the Principal Regulation) to enable the ACMA to make service provider determinations in relation to consumer-related interests as regards the provision of certain carriage services.  Matters covered by these service provider determinations may include the issues identified in the ACMA’s final report into its Reconnecting the Customer inquiry, such as requirements for clearer pricing information in advertisements, improved information about plans, increased transparency about billing and expenditure arrangements and improved complaints handling. 

 

Details of the Amending Regulation are set out in the Attachment.

 

The Act specifies no conditions that need to be satisfied before the power to make the Amending Regulation may be exercised.

 

The Amending Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA) (see paragraph 6(a) of the LIA).

 

The Amending Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

Statement of compatibility with human rights

This statement of compatibility is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

The Regulation provides the ACMA with the ability to make service provider determinations in relation to consumer-related interests as regards the provision of certain carriage service.

 

The Regulation 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.  It does not engage any of the applicable rights or freedoms and does not raise any human rights issues.

 

Consultation and Regulatory Impact

 

As the Amending Regulation provides the ACMA with the ability to make service provider determinations in relation to consumer-related issues, consultation was only undertaken with the ACMA and the Australian Competition and Consumer Commission.  Wider consultation was not considered necessary as it is open to the ACMA to consult more broadly when making service provider determinations.

 

In making a service provider determination, the ACMA, under section 17 of the LIA, needs to be satisfied that appropriate and reasonably practicable consultation is undertaken. The ACMA’s consultation, under section 17(3) of the LIA, could involve notification, either directly or by advertisement, of bodies that, or of organisations representative of persons who, are likely to be affected by the instrument.

 

The ACMA, in accordance with subsection 99(4) of the Act, must consult with the Australian Competition and Consumer Commission before making a service provider determination.

The Office of Best Practice Regulation (OBPR) has confirmed that the preparation of a Regulation Impact Statement is not necessary, as the amendments have a nil or low impact on business or the economy or individuals.

If the ACMA makes a service provider determination using the amended regulation, the ACMA will be required to consult with the OBPR to determine the impact on business or the economy or individuals and whether a Regulation Impact Statement is necessary.

 

Authority:  Section 594 of the Telecommunications Act 1997

 

 


ATTACHMENT

 

Details of the Amending Regulation

 

Section 1 – Name of Regulation

 

This section provides that the title of the Amending Regulation is the Telecommunications Amendment Regulation 2012 (No. 1). 

 

Section 2 – Commencement

 

This section sets out that the Amending Regulation will commence on the day after it is registered on the Federal Register of Legislative Instruments. 

 

Section 3 – Amendment of Telecommunications Regulations 2001

 

This section sets out that Schedule 1 to the Amending Regulation amends the Principal Regulations.

 

Schedule 1 – Amendment

 

Item [1] inserts new Division 3.4 (Fixed or mobile voice or data carriage services) and new regulation 3.13 (Fixed or mobile voice or data carriage services) into the Principal Regulations. 

 

New subregulation 3.13(1) sets out that the regulation applies to the supply of certain carriage services, namely:

  • a standard telephone service;
  • a public mobile telecommunications service;  and/or
  • a carriage service that enables customers to access the internet.  

 

The carriage services specified in this provision reflect the ‘eligible carriage service providers’ that the Telecommunications Industry Ombudsman (TIO) has jurisdiction over, as provided in section 127 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.  There are parallels with the matters the TIO has jurisdiction over and the matters the proposed service provider determinations will cover, as both are concerned with the protection of consumer interests. 

 

New subregulation 3.13(2) provides the ACMA with the ability to make service provider rules in relation to a customer’s interests.  As illustrated in the examples after new subregulation 3.13(2) (which are not exhaustive), there are a number of different consumer-related matters that the service provider determinations could cover.  In particular, it is noted that service provider determinations would be able to cover issues in relation to potential as well as existing customers. 

 

While the provision in new subregulation 3.13(2) is quite broad, any service provider determination would need to be made in accordance with section 99 of the Act, which requires the determination to be made in relation to specified carriage services (subsection 99(1)) as well as within relevant constitutional limitations (subsection 99(2)).  Any service provider determination made by the ACMA would be a disallowable instrument (subsection 99(6)). 

Overview

The Telecommunications Amendment Regulation 2012 (No. 1) was enacted to enhance consumer protection in the telecommunications sector by expanding the regulatory powers of the Australian Communications and Media Authority (ACMA). The regulation was introduced under the authority of the Minister for Broadband, Communications and the Digital Economy, pursuant to subsection 594(1) of the Telecommunications Act 1997. It seeks to address gaps in consumer protection by enabling the ACMA to make service provider determinations regarding consumer-related interests in the provision of certain carriage services. This includes matters such as clearer pricing information, improved information about plans, enhanced transparency in billing and expenditure arrangements, and better complaints handling, as identified in the ACMA’s Reconnecting the Customer inquiry. The regulation was subject to limited consultation with the ACMA and the Australian Competition and Consumer Commission, with broader consultation left to the ACMA when making individual service provider determinations. The Office of Best Practice Regulation confirmed that a Regulation Impact Statement was not required due to the minimal impact of the amendments on business and the economy.

Scope and Application

The Telecommunications Amendment Regulation 2012 (No. 1) amends the Telecommunications Regulations 2001 to empower the Australian Communications and Media Authority (ACMA) to make service provider determinations concerning consumer-related interests in the provision of specific carriage services. This includes standard telephone services, public mobile telecommunications services, and carriage services that enable internet access. The regulation is a legislative instrument under the Legislative Instruments Act 2003 and commences on the day after registration on the Federal Register of Legislative Instruments. It applies to the supply of the aforementioned carriage services, which align with the jurisdiction of the Telecommunications Industry Ombudsman (TIO) over eligible carriage service providers as defined in the Telecommunications (Consumer Protection and Service Standards) Act 1999. These service provider determinations can cover a range of consumer-related matters, such as clearer pricing information, improved plan details, enhanced billing transparency, and better complaints handling. Any service provider determination made by the ACMA must comply with the requirements of the Telecommunications Act 1997, including being made in relation to specified carriage services and within constitutional limits, and will be subject to disallowance under section 99(6) of the Act.

Key Provisions

The Telecommunications Amendment Regulation 2012 (No. 1) amends the Telecommunications Regulations 2001 (Principal Regulation) to enable the Australian Communications and Media Authority (ACMA) to make service provider determinations related to consumer interests concerning the provision of certain carriage services (regulation 3.13). These services include standard telephone services, public mobile telecommunications services, and carriage services that enable customers to access the internet. The regulation specifically targets the protection of consumer interests by allowing the ACMA to address issues such as clearer pricing information, improved information about plans, increased transparency about billing and expenditure arrangements, and enhanced complaints handling. The ACMA is obligated to consult with the Australian Competition and Consumer Commission before making any service provider determinations, in accordance with subsection 99(4) of the Telecommunications Act 1997. Furthermore, when making these determinations, the ACMA must ensure that appropriate and reasonably practicable consultation is undertaken with bodies or organisations that are likely to be affected by the determination, as required by section 17 of the Legislative Instruments Act 2003. The ACMA must notify these stakeholders either directly or via advertisement, as stipulated in section 17(3) of the LIA. The Regulation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, any service provider determination made by the ACMA is a disallowable instrument under subsection 99(6) of the Act, implying that such determinations can be subject to parliamentary scrutiny and potential disallowance. The ACMA will need to consult with the Office of Best Practice Regulation (OBPR) to assess the impact of its determinations on business, the economy, or individuals and to determine if a Regulation Impact Statement is necessary. The absence of specific penalties in the Regulation suggests that enforcement and compliance will largely depend on the nature of the determinations and the subsequent actions taken by the ACMA and other relevant authorities.

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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.