Explanatory Statement
Issued by the authority of the Minister for Communications
Telecommunications Act 1997
Telecommunications (SMS Sender ID Register Industry Standard) Amendment Direction (No.2) 2025
Authority
The Telecommunications (SMS Sender ID Register Industry Standard) Amendment Direction (No.2) 2025 (the Amendment Direction) is made by the Minister for Communications (the Minister) under subsection 125AA(4) of the Telecommunications Act 1997 (the Act).
Subsection 125AA(4) of the Act enables the Minister to direct the Australian Communications and Media Authority (ACMA) to determine an industry standard that applies to participants in a specified section of the telecommunications industry and deals with one or more matters relating to the telecommunications activities of those participants.
Subsection 125AA(1) of the Act provides that the ACMA may, by legislative instrument, determine an industry standard that applies to participants in a particular section of the telecommunications industry and deals with one or more matters relating to the telecommunications activities of those participants. Subsection 125AA(5) of the Act provides that the ACMA can only determine an industry standard under subsection 125AA(1) if directed to do so by the Minister. In reliance on subsection 33(3) of the Acts Interpretation Act 1901, the power in subsection 125AA(1) is construed to be exercisable in the like manner and subject to like conditions (if any), to amend or vary any such instrument.
Purpose and operation
The Amendment Direction varies the Telecommunications (SMS Sender ID Register Industry Standard) Direction 2025 (the 2025 Direction) issued to the ACMA on 4 February 2025 (and as varied with effect on 3 July 2025), to provide for:
- a later timeframe by which the ACMA is to make the industry standard (by 7 October 2025) which reflects a one week extension from the date of 30 September 2025 cited in the current Direction; and,
- a later timeframe by when the industry standard is to commence in full, changing the backstop date to 1 July 2026 (reflecting a 6 ½ month extension from the original commencement date set out in the 2025 Direction).
This Amendment Direction is a legislative instrument for the purpose of the Legislation Act 2003. However, this Direction is not subject to disallowance or sunsetting, as it is a direction by a Minister to a person or body (see item 2 of the table in section 9 and item 3 in the table in section 11 of the Legislation (Exemptions and Other Matters) Regulation 2015.
Background
The harms of Short Message Service (SMS) scams are profound and have had a significant impact on the lives of Australians.
To combat these scams, the Government has enacted legislation, the Telecommunications Amendment (Sender ID Register) Act 2024 (the Amendment Act), which provides for the ACMA to establish and maintain an SMS Sender ID Register (the Register). The Register’s main objectives include decreasing the frequency and impact of SMS impersonation scams on consumers and increasing protections for legitimate brands and agencies against bad actors impersonating them. On 3 December 2024, the Government announced that registration of sender IDs would be mandatory.
On 4 February 2025, the then Minister for Communications, the Hon. Michelle Rowland MP, issued the 2025 Direction requiring the ACMA to develop an industry standard (the Standard) and on 30 June 2025, the Minister Communications varied the direction to allow for additional time for making of the new standard.
Once made, the Standard will apply to carriers, carriage service providers (and potentially electronic messaging service providers), in relation to their telecommunications activities in connection with the operation and administration of the Register. The Standard must also deal with how communications from all sender IDs (whether these sender IDs are on the Register or not), will be handled.
Proposed changes to Direction
There are two date changes to the Direction. The first alters the date by which the ACMA must make the industry standard, from 30 September 2025 to 7 October 2025. The second change is to alter the date by which the Standard must commence in full, from 15 December 2025 to 1 July 2026.
The ACMA has advised it requires an additional week in which to make the Standard.
The commencement of the Standard in full essentially means the Standard becomes fully operational, Register protections commence, and non-compliant SMS with sender IDs are disrupted.
This change of date follows the second public consultation conducted by the ACMA[1] on proposed rules to be contained in a draft Standard being developed in accordance with the Direction. That consultation elicited the widespread view that the 15 December 2025 commencement date for the Standard presented significant risks; notably, the ability of entities to register in time was unlikely, and that as a result, large numbers of legitimate SMS messages would be sent and marked ‘Unverified’. Such an outcome is highly undesirable as it is likely to generate significant confusion as to which SMS messages are scams and which are legitimate.
Accordingly, the Amendment Direction directs the ACMA to make the Standard fully operational at the earliest practical opportunity but no later than 1 July 2026. This will minimise disruption by allowing entities further time to register – ultimately facilitating the orderly implementation of the Register.
This is the second Amendment to the Direction issued to the ACMA. The first Amendment Direction (the Telecommunications (SMS Sender ID Register Industry Standard) Amendment Direction (No.1) 2025) was issued to the ACMA on 30 June 2025 directing the ACMA to make the Standard by 30 September 2025 (a 3-month extension from the original date).
Impact Analysis
The Office of Impact Analysis has advised that an Impact Analysis is not required for the Direction (OIA reference: 23-04795).
Consultation
Consultation on the 2025 Direction issued in February 2025 was undertaken with representatives of the telecommunications industry, Communications Alliance, the Treasury, the Telecommunications Industry Ombudsman, the Australian Communications Consumer Action Network, the Australian Competition and Consumer Commission and the ACMA.
Consultation on this Amendment and the first Amendment Direction was not considered necessary. This is because changes proposed emanated directly from feedback received by the ACMA during consultations (refer to Background section above).
The nature of the changes proposed in this Amendment Direction are constrained insofar as it only provides for changes of the dates by which the Standard is to be made, and commence in full (that is, become operational); the scope, purpose, and application of the substantive Direction remain unchanged.
Statement of compatibility with human rights
As section 42 of the Legislation Act 2003 does not apply to this instrument, being exempted under Part 4 of the Legislation (Exemption and Other Matters) Regulation 2015, a statement of compatibility with human rights is not required under section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Details of the Amendment Direction are set out below:
Section 1 Provides that the name of the instrument is the Telecommunications (SMS Sender ID Register Industry Standard) Amendment Direction (No.2) 2025.
Section 2 Provides that the instrument commences on the day after registration on the Federal Register of Legislation.
Section 3 Provides that the instrument is made under subsection 125AA(4) of the Telecommunications Act 1997.
Section 4 Provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 This Schedule outlines the amendments to the Telecommunications (SMS Sender ID Register Industry Standard) Direction 2025 (2025 Direction). Item 1 repeals subsection 5(2) of the 2025 Direction and substitutes it with an updated provision. The effect of the changes at item 1 of Schedule 1 are to extend the date by which the ACMA is to make the standard, from 30 September 2025 to 7 October 2025; and to extend the backstop date by when the standard referred to in subsection 5(1) of the 2025 Direction is to commence in full from 15 December 2025 to 1 July 2026.
[1] The ACMA conducted earlier consultation on a draft Standard between 27 March 2025 and 28 April 2025. Consultation on a revised draft Standard occurred between 14 July 2025 and 13 August 2025.