Telecommunications (Standard Form of Agreement Information) Amendment Determination 2006 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2006L01408 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Australian Communications and Media Authority (ACMA)

 

Telecommunications (Standard Form of Agreement Information) Amendment Determination 2006 (No.1)

 

Telecommunications Act 1997

 

 

Legislative provisions

 

Under section 480A of the Telecommunications Act 1997 (‘the Act’), the Australian Communications and Media Authority (ACMA) is required to make a determination specifying the information that a carriage service provider (‘CSP’) that uses a standard form of agreement (SFOA) must supply to its customers.  This information relates to the supply by a CSP to its customers of designated telecommunications goods and services.  Section 480A was inserted into the Act by Schedule 2 of the Telecommunications Legislation Amendment Act 1999 (‘the TLA Act’).

 

In making a determination under subsection 480A(2) of the Act, ACMA may require CSPs that use SFOAs to:

 

  • give ordinary customers specified information relating to the supply of designated goods or services;
  • give specified kinds of ordinary customers specified information about the supply of designated goods or services; or
  • publish information relating to the supply of designated goods or services.

 

In the determination, ACMA may specify the manner and form in which information to customers is to be given or published.  ACMA may also require CSPs to inform customers of their rights, in particular, with regard to the Customer Service Guarantee (CSG) Standard.

 

CSPs must comply with a determination made under this section.  Failure to comply with any requirement of the determination may result in CSPs being liable for the civil penalty provisions under Part 31 of the Act. 

 

The intention of this instrument is to ensure that consumers are provided with adequate information about the terms and conditions of their SFOA and they receive reasonable notice of changes to those terms and conditions, particularly where the changes may have an adverse effect on consumers.  The timely provision of such information will enable consumers to make informed purchasing decisions.  In addition, the previous Determination contained provisions that were inconsistent with the Consumer Contracts Code, ACIF C620:2005) which commenced in November 2005, necessitating an Amendment Determination.

 

The obligation upon a CSP to advise customers of changes to terms and conditions will vary according to the circumstances of the change and the nature of the relationship between the CSP and the customer.  CSPs are required to give consideration to a number of factors outlined in subsection 11(2) in assessing the need for notice and the form and timing of such notice for any changes.

 

[In assessing complaints about non-compliance with the Determination ACMA would consider whether the CSP concerned had assessed the factors outlined in 11(2) and had taken steps that were reasonable in light of that assessment.]

 

Subsection 480A(6) requires ACMA to consult with the Telecommunications Industry Ombudsman (TIO) before making a Determination under section 480A(2).

 

The ACA consulted with the TIO on 1 April 2005.  ACMA consulted with the TIO on 12 January 2006 and 3 April 2006.

 

In addition, the ACA and ACMA also sought comment from a number of organisations representing the interests of consumers as well as industry participants who have a standard form of agreement lodged with ACMA. 

 

The Australian Competition and Consumer Commission (ACCC), the Department of Communication, Information Technology and the Arts (DCITA) and Consumer Affairs Victoria (CAV) were also invited to comment.

 

ACMA, in making this determination, took into account all comments received.
Background

 

The Telecommunications (Standard Form of Agreement Information) Amendment Determination 2006 (No.1) (the Amendment Determination) was made to improve the level of information disclosure to customers of CSPs who provide services in accordance with SFOAs.  The Determination only applies to those CSPs who have formulated a SFOA for the purposes of section 479 of the Act.  The Amendment Determination was also made to resolve inconsistencies between the notice provisions in the Consumer Contracts Code and the previous Determination.

 

Section 480 of the Act requires a CSP who uses a SFOA to ensure that copies of the whole agreement, or part of it, are made available to the public and, in particular, to its customers at each of its business offices.  The Determination made by ACMA

under section 480A imposes further obligations on CSPs who use SFOAs.  An explanation of the sections of the Amendment Determination follows. 

 

Notes on sections

 

Section 1 – Name of Determination

 

This is a citation provision.

 

Section 2 – Commencement

 

The Amendment Determination commences the day after it is registered.

 

Section 3 – Amendment of Telecommunications (Standard Form of Agreement Information Determination) 2003

 

This section states that Schedule 1 of the Amendment Determination amends the Telecommunications (Standard Form of Agreement Information) Determination 2003 (the Determination). 

 

Schedule 1  Amendments

 

Item 1

 

Section 4 – Definitions

 

Section 4 defines the terms used in the Amendment Determination. 

The definition of working day, including the example, in section 4 is omitted.

 

Item 2

 

Sections 10, 11 and 12 are substituted with:

 

Section 11 – Variations to standard form of agreement — general

 

This section applies if a CSP varies or intends to vary the terms and conditions of the SFOA and the variation could be reasonably expected to adversely affect the customer.

 

Subsection 11(2) requires the provider to give reasonable notice to each ordinary customer affected by the variation.  The provider must have regard to the nature of the variation, the means by which notice is to be provided, the length of time before the variation is to occur and any other matter that is reasonably relevant.

 

Subsection 11(3) clarifies that if there is an inconsistency between a provision of the Trade Practices Act 1974 and the Determination, it is the provision in that Act which prevails. 

 

Overview

The Telecommunications (Standard Form of Agreement Information) Amendment Determination 2006 (No.1) was introduced to enhance the information disclosure requirements for customers of carriage service providers (CSPs) that use a standard form of agreement (SFOA). This Determination was enacted by the Australian Communications and Media Authority (ACMA) under section 480A of the Telecommunications Act 1997, which mandates ACMA to specify the information CSPs must provide to their customers regarding designated telecommunications goods and services. The primary objective of this Amendment Determination is to ensure that consumers receive adequate information about their SFOA terms and conditions, and are reasonably notified of any changes that may adversely affect them. This is intended to empower consumers to make informed decisions. Additionally, the Amendment Determination addresses inconsistencies with the Consumer Contracts Code, ACIF C620:2005, which came into effect in November 2005, and aligns the notice provisions accordingly. The ACMA consulted with the Telecommunications Industry Ombudsman (TIO) and other relevant bodies before making this determination, taking into account all feedback received.

Scope and Application

The Telecommunications (Standard Form of Agreement Information) Amendment Determination 2006 (No.1) applies to carriage service providers (CSPs) that utilise a standard form of agreement (SFOA) as defined under section 479 of the Telecommunications Act 1997. These CSPs are mandated to provide specified information to their customers regarding the supply of designated telecommunications goods and services. This obligation arises from section 480A of the Act, which was introduced by the Telecommunications Legislation Amendment Act 1999. The Amendment Determination specifies the manner and form in which information must be given or published, and it also requires CSPs to inform customers of their rights, particularly in relation to the Customer Service Guarantee (CSG) Standard. The provisions are designed to ensure consumers receive adequate information about the terms and conditions of their SFOA and are reasonably notified of any changes that may adversely affect them. The Amendment Determination also addresses inconsistencies with the Consumer Contracts Code (ACIF C620:2005) that existed in the previous determination. Failure to comply with the requirements of the Amendment Determination may result in CSPs being liable for civil penalties under Part 31 of the Act. The ACMA, in making this determination, consulted with the Telecommunications Industry Ombudsman and other relevant organisations, taking into account all comments received.

Key Provisions

The Telecommunications (Standard Form of Agreement Information) Amendment Determination 2006 (No.1) under the Telecommunications Act 1997 mandates that carriage service providers (CSPs) who employ a standard form of agreement (SFOA) must furnish customers with specific information about the goods and services provided (Section 480A). This requirement ensures that ordinary customers receive adequate information to make informed decisions. CSPs must supply details relating to the supply of designated goods or services, either generally or to specific types of customers, and may also be required to publish certain information (Section 480A). The Australian Communications and Media Authority (ACMA) has the discretion to specify the manner and form of this information delivery (Section 480A(3)). Additionally, ACMA may mandate that CSPs inform customers about their rights, particularly concerning the Customer Service Guarantee (CSG) Standard (Section 480A(4)). CSPs are obligated to comply with the requirements set out in the Determination. Under Section 11, if a CSP intends to vary the terms and conditions of an SFOA in a way that could adversely affect customers, it must provide reasonable notice to each affected ordinary customer. This notice must consider several factors, including the nature of the variation, the method of notice, the timing of the notice relative to the variation, and any other relevant matters (Section 11(2)). Section 11(3) further clarifies that in cases of inconsistency between the Determination and the Trade Practices Act 1974, the provisions of the Trade Practices Act prevail. The obligation to notify customers about changes in terms and conditions varies depending on the circumstances of the change and the relationship between the CSP and the customer. Failure to comply with the requirements of the Determination can result in significant consequences for CSPs. The Telecommunications Act 1997 provides for civil penalty provisions under Part 31, which apply to any non-compliance. The penalties for breaches can be substantial, reflecting the importance of ensuring that consumers receive adequate information about their telecommunications agreements and any changes to those agreements. The specific penalties are not detailed in the text but are likely to be significant to enforce compliance effectively.

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Consumer Law
Telecommunications Law
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Regulation
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Reporting & Disclosure Obligations
Civil Penalty Provisions
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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.