Telecommunications regulatory reform – consumer safeguards

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In November 2010, the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010 was passed by parliament. The Act provides for the making of instruments to enhance competitive outcomes in the Australian telecommunications industry and strengthen consumer safeguards.

The amendments provided in the Act enable the minister to make a number of instruments to strengthen consumer safeguard measures such as the Universal Service Obligation (USO), the Customer Service Guarantee (CSG), and the priority assistance scheme.

The amendments provided in the Act also enabled the minister to make a number of instruments that provided the statutory framework for Telstra to voluntarily separate itself structurally with the objective of providing increased regulatory certainty to Telstra, other telecommunications providers and consumers. More information on these instruments:

For more information about the Act, see the links at the bottom of this page.

Legislative instruments on consumer safeguards

The following draft legislative instruments on consumer safeguards are released for public comment, subject to the associated submission deadline.

Submissions received in relation to the consumer safeguard instruments are available at:

Telecommunications Universal Service Obligation (Standard Telephone Service—Requirements and Circumstances) Determination

This instrument is made under subsections 9(2D) and 9(3) of the Telecommunications (Consumer Protection and Service Standards) Act 1999, outlining circumstances in which the obligation to supply standard telephone services on request under the USO does not arise. Following public consultation, the determination commenced operation on 15 March 2011.

On 9 March 2012, the minister sought feedback on proposed amendments to the instrument, releasing an exposure draft for public consultation. On 3 May 2012, following the close of submissions, the minister made the following determination, amending the original instrument:

Telecommunications (Customer Service Guarantee—Retail Performance Benchmarks) Instrument (No.1) 2011

This instrument is made under s117B(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Following public consultation, the minister made this Telecommunications Customer Service Guarantee instrument.

Payphone instruments

In August 2011, instruments related to the proposed reform of payphone services were released for public comment.

Following public consultation, the minister made the following Telecommunications Universal Service Obligation payphones instruments, which commenced on 1 January 2012. The instruments are made under sections 12ED, 12EE, 12EF, 12EG and 12EH of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Infringement notices

On 5 September 2011, the minister released a consultation paper on the determination of the penalties that are to be specified in infringement notices issued under Part 31B of the Telecommunications Act 1997. Submissions in response to the discussion paper closed on 19 September 2011.

In addition, the ACMA released the 'Proposed Telecommunications (Infringement Notices) Declaration 2011 and infringement notice guidelines' discussion paper on 31 August 2011. Public consultation closed on 14 September 2011, and the consultation paper and submissions are now available to view on the ACMA website:

The minister made the Telecommunications (Infringement Notice Penalties) Determination 2012 on 6 February 2012, and it commenced on 11 February 2012. The determination was informed by the submissions received.

On 10 November 2011, the ACMA made the following declaration.

Red tape reduction

On 8 July 2011 the minister announced a package of three instruments that will remove unnecessary red tape in the telecommunications industry. A public consultation process was conducted on the Participating Persons Determination (see below). Key stakeholders were consulted in relation to the two other instruments.

Telecommunications (Participating Persons) Determination 2011 (No.1)

This instrument is made under paragraph 20A(2)(b) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (available from the link at the bottom of this page).

Following public consultation, the minister made this Participating Persons determination, which commenced on 6 July 2011.

Australian Communications Media Authority (Annual Carrier Licence Charge) Direction 2011

This instrument is made under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997 (available from the link at the bottom of this page).

Following consultation with key industry stakeholders, the minister made this Telecommunications determination, which commenced on 8 July 2011.

Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No.1 of 2011)

This instrument is made under subsection 63(2) of the Telecommunications Act 1997 (available from the link at the bottom of this page).

Following consultation with key industry stakeholders, the minister made this instrument which commenced on 8 July 2011.

Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010

This Act amends the Telecommunications Act 1997, the Telecommunications (Consumer Protection and Service Standards) Act 1999 and the Telecommunications (Carrier Licence Charges) Act 1997. Consolidated versions of these Acts are available below.

The Bill, explanatory memorandum and second reading speech are provided here for reference purposes.

 
 
 
 
Document ID: 143366 | Last modified: 26 October 2012, 4:31pm