Explanatory Statement
Issued by the Authority of the Minister for Communications
Telecommunications Act 1997
Telecommunications Service Provider (Network Outages Register) Repeal Determination 2026
Authority
The Telecommunications Service Provider (Network Outages Register) Repeal Determination 2026 (the instrument) is made under subsection 99(1A) of the Telecommunications Act 1997 (the Act).
Subsection 99(1A) of the Act enables the Minister for Communications (the Minister) to, by legislative instrument, make a determination, setting out rules that apply to carriage service providers in relation to the supply of specified carriage services.
The instrument relies on subsection 33(3) of the Acts Interpretation Act 1901. That subsection provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall 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.
Purpose
The purpose of the instrument is to repeal the Telecommunications Service Provider (Network Outages Register) Determination 2025 (the 2025 Determination) from the day after the instrument is registered.
The 2025 Determination was intended to be a practical, efficient initial step to improve transparency while longer term options were considered for the publication of outage information. Provisions have now been incorporated into the Telecommunications (Customer Communications for Outages) Industry Standard 2024 (the Standard) to require carriers to establish and publish an outage register. Therefore, the 2025 Determination is no longer required.
Background
The 2025 Determination introduced new obligations on carriage service providers, who are mobile carriers, to establish and publish a register of outages on their publicly available websites.
The 2025 Determination served as the first phase of a two-stage approach to establishment of processes for the publication of outage information. The second stage involved the Australian Communications and Media Authority (ACMA) amending the Standard to mandate telecommunications providers to maintain a public register of their network outages.
The Standard has now been amended, and the 2025 Determination is no longer required.
Summary of the Telecommunications Service Provider (Network Outages Register) Repeal Determination 2026
The instrument repeals the 2025 Determination. The instrument is a legislative instrument for the purposes of the Legislation Act 2003 and is subject to the default sunsetting requirements and disallowance. The instrument commences the day after it is registered.
Details of the instrument are set out in Attachment A.
Consultation
On behalf of the Minister, the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts previously consulted on the 2025 Determination with the ACMA, the Australian Telecommunications Alliance and representatives of the telecommunications industry, the Australian Mobile Telecommunications Association, the Telecommunications Ombudsman, the Australian Communications Consumer Action Network, the Australian Competition and Consumer Commission and the NSW Telco Authority. In amending the Standard the ACMA consulted publicly.
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 Service Provider (Network Outages Register) Repeal Determination 2026
Section 1 – Name
This section provides that the name of the instrument is the Telecommunications Service Provider (Network Outages Register) Repeal Determination 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 99(1A) of the Telecommunications Act 1997.
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 – Repeals
Schedule 1 outlines the instruments to be repealed by this instrument.
Telecommunications Service Provider (Network Outages Register) Determination 2025
Item 1 in Schedule 1 repeals the Telecommunications Service Provider (Network Outages Register) Determination 2025.
Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Telecommunications Service Provider (Network Outages Register) Repeal Determination 2026
Overview of the Legislative Instrument
The instrument repeals the Telecommunications Service Provider (Network Outages Register) Determination 2025 (the 2025 Determination), which introduced new obligations on carriage service providers, who are mobile carriers, to establish and publish a register of outages on their public facing websites. The register must be maintained to ensure the information is accurate and up-to-date and information must be kept for a period of two years.
The Telecommunications (Customer Communications for Outages) Industry Standard 2024 has recently been amended to include the obligations included in the 2025 Determination. Therefore, it is appropriate to now repeal the 2025 Determination to provide clarity for industry.
Human rights implications
The 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.